Wang v The Hills Shire Council [2025] NSWLEC 1053

Land and Environment Court New South Wales

Medium Neutral Citation: Wang v The Hills Shire Council [2025] NSWLEC 1053 Hearing dates: Conciliation Conference held 17 January 2025 Date of orders: 31 January 2025 Decision date: 31 January 2025 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent that have been thrown away as a result of the Amended Development Application, as agreed or assessed. (2) The appeal is upheld. (3) Development consent is granted to development application DA 221/2024/HA, as amended, for the demolition of existing structures and construction of a two storey centre based child care facility for 82 children with basement parking for 27 vehicles and removal of 10 trees, subject to the conditions in the annexure marked "A". Catchwords: DEVELOPMENT APPEAL – child care centre – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Education and Care Services National Regulations 2011 Environmental Planning and Assessment Regulation 2021, ss 23, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, CH 6, Pt 6.2, ss 6.6. 6.9, 6.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, s 3.23 The Hills Local Environmental Plan 2019, cll 2.7, 4.3, 4.4, 5.10, 5.21, 7.1 Texts Cited: Department of Planning, Industry and Environment, Child care planning guideline, 2021 Category: Principal judgment Parties: Zengxin Wang (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: A Sarkis (Solicitor) (Applicant) R Bonic (Solicitor) (Respondent)