Wheatley v The Hills Shire Council [2024] NSWLEC 1656

Land and Environment Court New South Wales

Medium Neutral Citation: Wheatley v The Hills Shire Council [2024] NSWLEC 1656 Hearing dates: Conciliation conference on 26 August 2024 Date of orders: 22 October 2024 Decision date: 22 October 2024 Jurisdiction: Class 1 Before: Nichols AC Decision: The Court orders that: (1) The appeal is upheld. (2) The cl 4.6 request for variation to the subdivision controls in cl 4.1AA(3A) of The Hills Local Environmental Plan 2019, prepared by Cohesive Planning dated September 2023, is upheld. (3) Development application DA1522/2023/ZD, for the subdivision of one lot into five community title rural residential lots and one association lot (rural cluster) including demolition, is determined by the grant of development consent subject to the conditions included at Annexure A. (4) 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 of the Development Application, as agreed or assessed. Catchwords: APPEAL – development application – rural residential ­– rural cluster – conciliation conference – agreement between the parties – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997 Environmental Planning and Assessment Regulation 2021, s 38 The Hills Local Environmental Plan 2011, cll 2.6, 4.1AA, 4.6, 7.2 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Ch 2, cl 2.3, 2.7 Cases Cited: Wehbe v Pittwater Council [2007] NSWLEC 827 Texts Cited: The Hills Development Control Plan 2012 Category: Principal judgment Parties: James John Wheatley (First Applicant) The Hills Shire Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) R Bonic (Respondent)