UPG 345 Pty Ltd v The Hills Shire Council [2024] NSWLEC 1752

Land and Environment Court New South Wales

Medium Neutral Citation: UPG 345 Pty Ltd v The Hills Shire Council [2024] NSWLEC 1752 Hearing dates: Conciliation conference on 6 September 2024 Date of orders: 22 November 2024 Decision date: 22 November 2024 Jurisdiction: Class 1 Before: Young AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. 717/2023/JP for demolition of existing structures, consolidation of land, construction of six (6) residential flat buildings consisting of 346 units, basement parking and associated works is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – construction of residential flat buildings – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 23, 29, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 9, s 6.65 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Ch 4, ss 145, 147, Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 202, s 2.122 The Hills Local Environmental Plan 2019, Pt 9, cll 2.3, 4.3, 4.4, 5.21, 7.2, 9.1, 9.3, 9.4, 9.5, 9.7 Category: Principal judgment Parties: UPG 345 Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: J Reid (Applicant) R McCulloch (Solicitor) (Respondent)