Kaya v The Hills Shire Council [2024] NSWLEC 1552

Land and Environment Court New South Wales

Medium Neutral Citation: Kaya v The Hills Shire Council [2024] NSWLEC 1552 Hearing dates: Conciliation conferences on 27 February, 11 April and 19 June 2024 Date of orders: 10 September 2024 Decision date: 10 September 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the costs of the Respondent that have been thrown away as a result of the amendment to the development application, in the agreed amount of $9,000, such amount to be paid within 28 days of the date of this order. (2) The appeal is upheld. (3) Development Application No 1587/2023/HA, for the demolition of existing structures and identified trees and construction of a 2-storey centre based child care facility for 78 children with car parking over basement level on land legally described as Lot 30 in Deposited Plan 1219827 and known as 123 Arnold Avenue, Kellyville, NSW, 2155, is determined by the grant of development consent, subject to the conditions included in Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – centre based child care facility – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 4.46, 8.7, 8.15, Sch 1 Div 2 s 7 Land and Environment Court Act 1979, s 34 Education and Care Services National Regulations 2011 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, Pt 6.2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 2.48, 3.23, 3.25, 3.26 The Hills Local Environmental Plan 2019, cll 2.2, 2.3, 2.7, 4.3, 4.4, 7.2, Texts Cited: The Hills Development Control Plan 2012 The Hills Community Participation Plan 2024 Department of Planning, Industry and Environment, Child Care Planning Guideline, September 2021 Category: Principal judgment Parties: Zafer Kaya (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: J Reid (Applicant) P Hudson (Solicitor) (Respondent)