Buildwell Australia 3 Pty Ltd v The Hills Shire Council [2024] NSWLEC 1161

Land and Environment Court New South Wales

Medium Neutral Citation: Buildwell Australia 3 Pty Ltd v The Hills Shire Council [2024] NSWLEC 1161 Hearing dates: Conciliation Conference on 15 and 18 March 2024 Date of orders: 09 April 2024 Decision date: 09 April 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the costs of the respondent that have been thrown away as a result of the amendment of the development application, as agreed or as assessed, such amount to be paid within 28 days of the date of this order. (2) The appeal is upheld. (3) Deferred development consent is granted to development application No. 872/2023/ZA as amended, for the demolition of existing structures, construction of a private road, retaining wall and civil engineering works and subdivision of land to create six Community Title lots on land legally described as Lot G in DP367326 and known as 14 Telfer Road, Castle Hill NSW 2154, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – deferred development consent - orders Legislation Cited: Biodiversity Conservation Act 2016, ss 7.2, 7.3 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 29,38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 The Hills Local Environmental Plan 2019, cll 2.2, 2.3, 2.6, 2.7, 4.1, 4.1AA, 5.16, 5.21, 7.2, 7.3, 7.6, 7.31 Texts Cited: The Hills Shire Community Participation Plan 2021-2024 The Hills Development Control Plan 2012 Category: Principal judgment Parties: Buildwell Australia 3 Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: J Smith (Applicant) K Law (Respondent)