NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Centaran Holdings Pty Ltd v The Hills Shire Council [2024] NSWLEC 1457 Hearing dates: Conciliation conference on 22 July 2024 Date of orders: 02 August 2024 Decision date: 02 August 2024 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The cl 4.6 requests for variations to the minimum subdivision lot size controls in cl 4.1AA and cl 4.1B of The Hills Local Environmental Plan 2019, prepared by GSA Planning dated October 2023, are upheld. (2) The appeal is upheld. (3) Development application No. 256/2023/HC for demolition of existing structures and construction of a small lot integrated housing development with subdivision for 27 residential Torrens title lots within a community scheme of detached dwellings, environmental protection area and associated works, at 582 and 582A Old Northern Road, Dural is determined by the grant of consent subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 ss 7.7, 7.13, 7.16 Environmental Planning and Assessment Act 1979 ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 Roads Act 1993 Rural Fires Act 1997 s 100B Environmental Planning and Assessment Regulation 2021 ss 27, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 9 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 s 2.119 State Environmental Planning Policy Amendment (Water Catchments) 2022 s 6.65 The Hills Local Environmental Plan 2019, cll 4.1AA, 4.1B 4.4, 4.6, 5.10, 7.2 Texts Cited: The Hills Development Control Plan 2012 Category: Principal judgment Parties: Centaran Holdings Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: J Reid (Applicant) P Hudson (Solicitor) (Respondent)
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