Landen Dev No.11 Pty Ltd v The Hills Shire Council [2024] NSWLEC 1502

Land and Environment Court New South Wales

Medium Neutral Citation: Landen Dev No.11 Pty Ltd v The Hills Shire Council [2024] NSWLEC 1502 Hearing dates: Conciliation conference 12 August 2024 Date of orders: 20 August 2024 Decision date: 20 August 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay the Respondent's costs thrown away as a result of reliance on the documents at [9(1)] as agreed or assessed. (2) The appeal is upheld. (3) Development Application 806/2023/ZD for the community title subdivision of the existing lot into five rural residential lots and one association lot, including the demolition of some existing structures, removal of vegetation and filling of the existing dam at 257 McClymonts Road, Kenthurst, legally known as Lot 1 of Deposited Plan 521285, is determined by the grant of consent, subject to conditions contained in Annexure 'A'. Catchwords: APPEAL – development application – community title subdivision – conciliation conference – agreement reached – orders made Legislation Cited: Biodiversity Conservation Act 2016, ss 7.7, 7.13 Conveyancing Act 1919, s 195 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 6.2, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Biodiversity Conservation Regulation 2017, cl 7.2 Environmental Planning and Assessment Regulation 2021, ss 37, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, s 6.65, Ch 9, s 9.3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 The Hills Local Environmental Plan 2019, cll 2.6, 4.1AA, 5.16, 7.2, 7.4 Category: Principal judgment Parties: Landen Dev No.11 Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: J Farrell (Applicant) J Smith (Respondent)