WSDC Box Hill Primitus Development Pty Ltd v The Hills Shire Council [2023] NSWLEC 1764

Land and Environment Court New South Wales

Medium Neutral Citation: WSDC Box Hill Primitus Development Pty Ltd v The Hills Shire Council [2023] NSWLEC 1764 Hearing dates: Conciliation conference on 24 November 2023 Date of orders: 13 December 2023 Decision date: 13 December 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Pursuant to s 4.55(2) of the Environmental Planning and Assessment Act 1979, modification application DA 846/2016/JP/A for the erection of a residential flat complex at 13 Terry Road, Box Hill, is modified in the terms in Annexure A. (3) The terms of the consolidated Development Consent No DA 846/2016/JP are set out in Annexure B. Catchwords: MODIFICATION APPLICATION – residential apartment development – residential flat building in R3 Medium Density Residential zone and R4 High Density Residential zone – conciliation conference – agreement between parties - orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Environmental Planning and Assessment Regulation 2000, cl 115 Environmental Planning and Assessment Regulation 2021, ss 29, 102, 113, Dictionary Land Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, Pt 3, cll 29, 30 The Hills Local Environmental Plan 2019, cll 4.3, 4.4 Texts Cited: NSW Planning and Environment, Apartment Design Guide, July 2015 Category: Principal judgment Parties: WSDC Box Hill Primitus Development Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) R McCulloch (Solicitor) (Respondent)