Mogul Stud Pty Ltd v The Hills Shire Council [2023] NSWLEC 1714

Land and Environment Court New South Wales

Medium Neutral Citation: Mogul Stud Pty Ltd v The Hills Shire Council [2023] NSWLEC 1714 Hearing dates: Conciliation conference on 9 November 2023 Date of orders: 28 November 2023 Decision date: 28 November 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. 343/2023/JP, as amended, for construction of a seven-storey development consisting of a café, business premises, gym, child care centre and office premises, with an adjoining four-storey car park, associated landscaping and vehicular and pedestrian access at Part Lot 106 in DP 1257660, subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – mixed use – development – café – business premises – gym – child care centre and office premises – car parking – landscaping and access – conciliation conference – amended plans – agreement between the parties – orders made Legislation Cited: Education and Care Services National Regulations, regs 25, 104, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2021, s 23 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Industry and Employment) 2021, ss 3.1, 3.6, Sch 5 State Environmental Planning Policy (Planning Systems) 2021, Sch 6 State Environmental Planning Policy (Precincts – Central River City) 2021, Appendix 10, ss 2.3, 4.3, 4.6, 5.10, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 3.23 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Ltd v North Sydney Council [2019] NSWCA 130 Texts Cited: Association of Australasian Acoustical Consultants, Guideline for Child Care Centre Acoustic Assessment Australian Building Codes Board, National Construction Code Department of Planning, Industry and Environment, Child Care Planning Guideline (September 2021) The Box Hill Development Control Plan 2018 The Hills Development Control Plan 2012 Category: Principal judgment Parties: Mogul Stud Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: F Rourke (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)