Zhang v The Hills Shire Council [2024] NSWLEC 1701

Land and Environment Court New South Wales

Medium Neutral Citation: Zhang v The Hills Shire Council [2024] NSWLEC 1701 Hearing dates: Conciliation Conference 25 October 2024 Date of orders: 1 November 2024 Decision date: 01 November 2024 Jurisdiction: Class 1 Before: Targett C Decision: The Court orders that: (1) The applicant is to pay the respondent's costs thrown away by reason of the amendment of Development Application No. 89/2024/HA (PAN-350475) pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $10,000 to be paid within 14 days of the date of these orders. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. 89/2024/HA (PAN-350475), as amended, for the demolition of existing structures and construction of a centre-based child care facility at 25 Astoria Park Road, Baulkham Hills (Lot 39 in Deposited Plan 259386), subject to the conditions of consent in Annexure A. Catchwords: APPEAL – Development application - childcare centre - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.10, 8.14, 8.15 Land and Environment Court Act 1979, ss 17, 34 Education and Care Services National Regulations 2011, cll 107, 108 Environmental Planning and Assessment Regulations 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.22, 3.23, 3.25, 3.26, The Hills Local Environmental Plan 2022, cll 4.3, 4.4, 4.6, 5.21, 7.2 Cases Cited: Stewart v Inner West Council [2023] NSWLEC 136 Texts Cited: Child Care Planning Guideline The Hills Development Control Plan 2012 NSW EPA Waste Classification Guidelines 2014 Category: Principal judgment Parties: Jian Zhang (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: M Jaku (Solicitor) (Applicant) R McCulloch (Solicitor) (Respondent)