TIC Investments NSW Pty Ltd v Hornsby Shire Council [2024] NSWLEC 1443

Land and Environment Court New South Wales

Medium Neutral Citation: TIC Investments NSW Pty Ltd v Hornsby Shire Council [2024] NSWLEC 1443 Hearing dates: Conciliation conference on 16 and 26 July 2024 Date of orders: 26 July 2024 Decision date: 26 July 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent no. DA/259/2020 is modified in the terms set out in Annexure A. (3) Development consent no. DA/259/2020, as modified, is Annexure B. Catchwords: APPEAL – modification application – amendments to acoustic fencing and associated conditions – application to modify approved consent for a 70-place childcare centre – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 4.56 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 107, 113 Hornsby Local Environmental Plan 2013 State Environmental Planning Policy (Biodiversity and Conservations) 2021, Chs 2, 6 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4 State Environmental Planning Policy (Transport and Infrastructure) 2021 Cases Cited: TIC Investments NSW Pty Ltd v Hornsby Shire Council [2021] NSWLEC 1694 Texts Cited: Hornsby Development Control Plan 2013 Category: Principal judgment Parties: TIC Investments NSW Pty Ltd (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: J Cole (Solicitor) (Applicant) M Cottom (Solicitor) (Respondent)