Khattar v The Hills Shire Council [2024] NSWLEC 1370

Land and Environment Court New South Wales

Medium Neutral Citation: Khattar v The Hills Shire Council [2024] NSWLEC 1370 Hearing dates: 11 and 12 April and 6 May 2024 Date of orders: 02 July 2024 Decision date: 02 July 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No 1339/2022/HA as amended for the demolition of all existing structures and construction of a centre based child care facility to accommodate 45 children with basement car parking for 13 vehicles and removal of trees on land at 5 Rembrandt Drive Baulkham Hills 2153 legally known as Lot 24 DP 30744, is determined by the grant of development consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPEAL – centre based child care facility – assessment of submissions balanced against expert evidence - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.53, 79, 8.7 Land and Environment Court Act 1979, s 39 Education and Care Services National Regulations 2011 Environmental Planning and Assessment Regulation 2021, s 38 The Hills Local Environmental Plan 2019, cll 2.2, 2.3, 2.7, 4.3, 4.4, 5.10, 7.1, 7.2, 7.3, 7.4, 7.7 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.65, Ch 10 (repealed) State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 2, Ch 3, ss 2.120, 2.122, 3.23, 3.26 Cases Cited: Port Stephens Pearls Pty Ltd v Minister for Infrastructure and Planning [2005] NSWLEC 426 Texts Cited: Child Care Planning Guideline, September 2021 Department of Planning, Industry and Environment The Hills Development Control Plan 2012 The Hills Section 7.12 Contributions Plan 2022 Category: Principal judgment Parties: M Khattar (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: J Smith (Applicant) A Seton (Solicitor) (Respondent)