S.M and G. I Pty Ltd v The Hills Shire Council [2024] NSWLEC 1746

Land and Environment Court New South Wales

Medium Neutral Citation: S.M and G. I Pty Ltd v The Hills Shire Council [2024] NSWLEC 1746 Hearing dates: Conciliation conference on 4 November 2024. Date of orders: 21 November 2024 Decision date: 21 November 2024 Jurisdiction: Class 1 Before: Coetzee AC Decision: The Court orders that: (1) The appeal is upheld. (2) Pursuant to s 8.18(4) of the Environmental Planning and Assessment Act 1979 (EPA Act), the Development Control Order dated 2 August 2024 issued by the Respondent is revoked. (3) Pursuant to s 8.18 (4)(c) of the EPA Act, the Development Control Order as Annexure A be the substituted Order. Catchwords: APPEAL – development control order – stop work order – conciliation conference – agreement between parties Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.18, 9.34, Sch 5, Pt 1 Land and Environment Court Act 1979, s 34 The Hills Shire Local Environmental Plan 2019 Category: Principal judgment Parties: S.M and G. I Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Grant Christmas (Solicitor) (Applicant) David Baird (Solicitor) (Respondent)

Solicitors: Apex Planning and Environment Law (Applicant) Marsdens Law Group (Respondent) File Number(s): 2024/00320533 Publication restriction: Nil

Judgment 1. COMMISSIONER: This class 1 appeal is for a development control order issued by the Hills Shire Council on the 2 August 2024 (the order). The order was issued pursuant to s 9.34(1) of the Environmental Planning and Assessment Act 1979 (EPA Act), which allows a development control order to be given in accordance with the Table to Pt 1 of Sch 5 of the EPA Act. The order is a stop work order, issued pursuant to Item 2 of Pt 1 of Sch 5. 2. Item 2 in the table allows a development control order to be issued as a stop works order, where building work or subdivision work is carried out in contravention of the EPA Act. The order required the applicant to cease all building works in relation to Complying Development Certificate (CDC) VBS23-9039 issued by Ventura Building Surveyors located on the subject site 143 Glenhaven Road, Glenhaven NSW (Lot 200 DP 1177028). The applicant S.M and G.I Pty Ltd, appealed against the order pursuant to s 8.18 of the EPA Act. 3. The final orders on the appeal, which revoke and substitute the order are made as a result of an agreement between the parties that was reached at a conciliation conference. 4. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, at which I presided on 4 November 2034. 5. At the conciliation conference, the parties reached an agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. The agreement reflects that which is contained in the signed agreement provided on 8 November 2024. The agreement is for the Development Control Order dated 2 August 2024 to be revoked and substituted with a Restore Works Order pursuant to Item 10 of Pt 1 of Sch 5. A copy of the Development Control Order is included in Annexure A.