Javian Developments Pty Ltd v The Hills Shire Council [2019] NSWLEC 1321

Land and Environment Court New South Wales

Medium Neutral Citation: Javian Developments Pty Ltd v The Hills Shire Council [2019] NSWLEC 1321 Hearing dates: Conciliation conference on 5 July 2019 Date of orders: 09 July 2019 Decision date: 09 July 2019 Jurisdiction: Class 1 Before: Walsh C Decision: See orders at [9] below Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Texts Cited: NSW Office of Heritage and Environment, Guidelines for Consultants Reporting on Contaminated Sites Category: Principal judgment Parties: Javian Developments Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Solicitors: V Conomos, Conomos Legal (Applicant) J Corradini-Bird, Marsdens Law Group (Respondent) File Number(s): 2018/154579 Publication restriction: No

Judgment 1. COMMISSIONER: These proceedings, brought under Class 1 of the Court's jurisdiction, are an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against The Hills Shire Council's deemed refusal of development application 1184/2018/ZE ('DA'). 2. Pursuant to the parties' s34 Agreement, the Applicant seeks leave to rely on amended plans and material. Under the DA as amended, the Applicant seeks consent for the demolition of existing structures and small lot housing development, and subdivision creating 42 residential lots, with construction of 28 semi-detached dwelling and 14 dwelling houses including new road and associated road works and landscaping works. The site comprises the following parcels: * 27 Hynds Road, Box Hill (Lot 85 DP 11104) * 25 Hynds Road, Box Hill (Lot 85A DP 11104) * 29 Hynds Road, Box Hill (Lot 86 DP 10157) * 25 Mason Road, Box Hill (Lot 70 DP 11104).