Hanna v The Hills Shire Council [2025] NSWLEC 1095

Land and Environment Court New South Wales

Medium Neutral Citation: Hanna v The Hills Shire Council [2025] NSWLEC 1095 Hearing dates: Conciliation conference on 14 February 2025 Date of orders: 21 February 2025 Decision date: 21 February 2025 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No 357/2024/HA, as amended, for the demolition of existing structures, tree removal, consolidation of lots and subdivision of the consolidated lot, and construction of a residential flat building in 2 buildings containing 68 units with ancillary landscaping, drainage and associated works on land legally described as Lot 101 and Lot 102 in Deposited Plan 617912, and Lot 110 and Lot 113 in Deposited Plan 250610, and known as 119-121 Showground Road and 11-13 Sexton Avenue, Castle Hill, NSW, 2154, is determined by the grant of development consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.11 Land and Environment Court Act 1979, s 34 Roads Act 1993, s 138 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6 State Environmental Planning Policy (Housing) 2021, s 147; Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.99, 2.100, 2.119, 2.120 The Hills Local Environmental Plan 2019, cll 2.6, 4.3, 4.6, 9.1, 9.5 Cases Cited: Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, July 2015 Category: Principal judgment Parties: Andrew Hanna (Applicant) The Hills Shire Council (First Respondent) Sydney Metro (Second Respondent) Representation: Counsel: C Zhang (Solicitor) (Applicant) K Law (Solicitor) (Respondent) D Webster (Solicitor) (Second Respondent)