AG Kellyville Pty Ltd v The Hills Shire Council [2020] NSWLEC 1205

Land and Environment Court New South Wales

Medium Neutral Citation: AG Kellyville Pty Ltd v The Hills Shire Council [2020] NSWLEC 1205 Hearing dates: 27 March 2020 Date of orders: 06 May 2020 Decision date: 06 May 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court Orders: (1) The appeal is upheld. (2) Modification Application No. 1666/2016/HB/D to modify the approved development for two residential flat buildings at Lot 11 Nightcap Road, North Kellyville by adding access and a terrace to the rooftop level of Building and two units to the rooftop level of Building B and other changes, is approved, subject to the conditions of consent at Annexure A. (3) The exhibits, other than exhibits 1 and A, are returned. Catchwords: MODIFICATION APPLICATION – whether the modified development is substantially the same pursuant to s 4.55(2)(a) of the Environmental Planning and Assessment Act 1979 as the original development for which development consent was granted – whether the number of additional dwellings proposed is excessive Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Cases Cited: Arrage v Inner West Council [2019] NSWLEC 85 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) 129 LGERA 195; [2003] NSWCA 289 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (March, 2020) North Kellyville Precinct Development Control Plan 2008 North Kellyville Precinct Development Control Plan 2018 Category: Principal judgment Parties: AG Kellyville Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: T Robertson SC (Applicant) A Seton (Solicitor) (Respondent)