UPG 122 Pty Ltd v The Hills Shire Council [2024] NSWLEC 1266

Land and Environment Court New South Wales

Medium Neutral Citation: UPG 122 Pty Ltd v The Hills Shire Council [2024] NSWLEC 1266 Hearing dates: Conciliation conference 15 May 2024 Date of orders: 21 May 2024 Decision date: 21 May 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court, as amended on 27 May 2024, are as follows: (1) The Applicant is granted leave to file the Amended Development Application referred to at [35] with the Court. (2) The written requests prepared by Think Planners dated 6 November 2023 for Proposed Lot 1 and Proposed Lot 2 made pursuant to section 4.6 of Appendix 10 of the State Environmental Planning Policy (Precincts—Central River City) 2021 seeking to vary the height of buildings standard in section 4.3(2) of Appendix 10 of the State Environmental Planning Policy (Precincts—Central River City) 2021 are upheld. (3) The appeal is upheld. (4) Development Application No 1625/2022/JP, for the demolition of existing structures, subdivision of land into 2 superlots, infrastructure works, and the staged construction of 12 residential flat buildings and basement car parking, landscaping and civil works on land legally described as Lot 403 and Lot 404 in Deposited Plan 1283241 (formally Lot 3 and Lot 4 in Deposited Plan 27502) and known as 34-36 Terry Road, Box Hill, NSW, 2765, and Lot 1 in DP 237578 (33 Terry Road, Box Hill NSW 2765), Lot 3 in DP 1238298 (38Z Terry Road, Box Hill), Lot 2 DP 1238298 (38 Terry Road, Box Hill), Lot 101 in DP 1296785 (8 Terry Road, Box Hill NSW 2765), and Lot 102 in DP 1296785 (Maunder Street, Box Hill NSW 2765) is determined by the grant of deferred commencement consent subject to the conditions at Annexure A, as amended. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 39 Environmental Planning and Assessment Regulation 2021, ss 29, 37 State Environmental Planning Policy (Housing) 2021, Ch 4, s 147 State Environmental Planning Policy (Precincts – Central River City) 2021, Appendix 10, ss 2.3, 2.6, 2.7, 4.1, 4.3, 4.6, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.122 Cases Cited: Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 Baron Corporation Pty Limited v Council of the City of Sydney (2019) LGERA 338; [2019] NSWLEC 61 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: UPG 122 Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: J Reid (Applicant) S Kondilios (Solicitor) (Respondent)