Symin v The Hills Shire Council [2024] NSWLEC 1840

Land and Environment Court New South Wales

Medium Neutral Citation: Symin v The Hills Shire Council [2024] NSWLEC 1840 Hearing dates: Conciliation Conferences on 3 and 4 October 2024 Date of orders: 24 December 2024 Decision date: 24 December 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application No. DA 893/2024/LD as amended, for the construction of a three-storey dwelling house with double car garage, in ground swimming pool and landscaping on the land at 81 Castle Hill Road, West Pennant Hills (legally known as Lot 1 DP 135622), subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – location above rail corridor – Sydney Metro – orders Legislation Cited: Biodiversity Conservation Act 2016, s 7.7 Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 4.17, 8.7, Sch 1, Div 2, s 7 Land and Environment Court Act 1979, ss 34, 34AA Roads Act 1993, s 138 Environmental Planning and Assessment Regulation 2021, s 38 The Hills Local Environmental Plan 2019, cll 2.2, 2.3, 2,7, 4.3, 4.4, 7.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, s 7.7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.99, 2.119 Texts Cited: NSW Rural Fire Services, Planning for Bush Fire Protection – 2019 The Hills Development Control Plan 2012 Category: Principal judgment Parties: Dib Symin (Applicant) The Hills Shire Council (First Respondent) Sydney Metro (Second Respondent) Representation: Counsel: L Sims (Applicant) A Seton (Solicitor) (First Respondent) D Webster (Solicitor) (Second Respondent)