KMA Developments No. 5 Pty Ltd v The Hills Shire Council [2024] NSWLEC 1212

Land and Environment Court New South Wales

Medium Neutral Citation: KMA Developments No. 5 Pty Ltd v The Hills Shire Council [2024] NSWLEC 1212 Hearing dates: Conciliation conference held on 16 April 2024 Date of orders: 23 April 2024 Decision date: 23 April 2024 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay those costs of the respondent that have been thrown away as a result of the amendment of the development application, as agreed or assessed. (2) The appeal is upheld. (3) Development Application DA293/2023/ZD seeking Community title subdivision into 12 lots and one Community Property lot, on Lot 6003 Deposited Plan (DP) 1215176 and Lot 3 DP 1159841, also known as 17-25 Samantha Riley Drive, North Kellyville is determined by the grant of consent, and subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – Community title subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 4.47, 8.15, 8.7 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Water Management Act 2000, s 91 Environmental Planning and Assessment Regulation 2021, ss 23, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 9, s 9.2 State Environmental Planning Policy (Precincts - Central River City) 2021, Appendix 5, ss 2.3, 6.2, 6.3, 6.5 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River, s 2 Texts Cited: The Hills Shire Council Community Participation Plan North Kellyville Precinct Development Control Plan 2018 Category: Principal judgment Parties: KMA Developments No. 5 Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: G Farland (Applicant) S Kondilios (Solicitor) (Respondent)