Alan Development Pty Ltd v The Hills Shire Council [2018] NSWLEC 1630

Land and Environment Court New South Wales

Medium Neutral Citation: Alan Development Pty Ltd v The Hills Shire Council [2018] NSWLEC 1630 Hearing dates: Conciliation conference on 8 and 28 November 2018 Date of orders: 05 December 2018 Decision date: 05 December 2018 Jurisdiction: Class 1 Before: Walsh C Decision: See [15] below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Category: Principal judgment Parties: Alan Development Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Solicitors: P Jayne, Sparke Helmore (Applicant) A Seton, Marsdens Law Group (Respondent) File Number(s): 2018/68703 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal under s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal by The Hills Shire Council (Council) of development application DA 1230/2018/HA, which is seeking consent for land subdivision and construction of a residential flat building and associated works on the land at 17-19 Alan Street, Box Hill. 2. In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. 3. My power to dispose of these proceedings in accordance with the parties decision under s 34(3) is dependent on the satisfaction of relevant jurisdictional pre-requisites. I have considered the advice of the parties and concur that there are four such pre-requisites in this matter. I reference these individually below: