Bridgewell and SLD Castle Hill Pty Ltd v The Hills Shire Council [2024] NSWLEC 1348

Land and Environment Court New South Wales

Medium Neutral Citation: Bridgewell and SLD Castle Hill Pty Ltd v The Hills Shire Council [2024] NSWLEC 1348 Hearing dates: Conciliation conference on 19 June 2024 Date of orders: 24 June 2024 Decision date: 24 June 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs 'thrown away' as agreed or assessed in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979 as a result of the amendment. (2) The written request pursuant to clause 4.6 of The Hills Local Environmental Plan 2019 (THLEP) to grant consent to the contravention of the building height development standard set out in clause 4.3 of THLEP, prepared by Barker Ryan Stewart, dated June 2024, is upheld. (3) The appeal is upheld. (4) Development Application No 1139/2023/HA for lot consolidation, demolition of an existing dwelling (No 38 Kathleen Avenue) and part of an existing heritage listed residential structure (No 40 Kathleen Avenue), relocation of the heritage dwelling and construction of a multi dwelling housing development comprising 29 dwellings with basement parking, landscaping and associated works at 38 & 40 Kathleen Avenue, Castle Hill 2154 is determined by the grant of development consent, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing development in R3 Medium Density Residential zone – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 38, 61 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, Pt 6.2, ss 6.6, 6.7, 6.65 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120 State Environmental Planning Policy Amendment (Water Catchments) 2022 The Hills Local Environmental Plan 2019, cll 4.3, 4.6, 5.10, 7.2, 9.4, 9.5, Sch 5 Texts Cited: The Hills Development Control Plan 2012 Upper Parramatta River Catchment, Trust On-site Stormwater Detention Handbook, June 2004 Standards Australia, Australian Standard AS2601-2001 Demolition of Structures, September 2001 Category: Principal judgment Parties: Bridgewell and SLD Castle Hill Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: M Staunton (Applicant) J Smith (Respondent)