Arkexpress Design Pty Ltd v The Hills Shire Council [2024] NSWLEC 1125

Arkexpress Design Pty Ltd v The Hills Shire Council [2024] NSWLEC 1125

The Court upheld the appeal and granted development consent in accordance with the agreement between the parties, having found that all jurisdictional prerequisites for consent were satisfied and that the parties' decision was one the Court could have made in the proper exercise of its functions.

Parties
Applicant: Arkexpress Design Pty Ltd; Respondent: The Hills Shire Council
Jurisdiction
Australia
Judgment Date
02 April 2024
Procedural Posture
Development Appeal / Final Orders Made After Conciliation Conference
Outcome
Appeal upheld; development consent granted.
Legal Topics
Development Consent, Centre Based Childcare Facility, Conciliation Conference, Jurisdictional Prerequisites, Amendment of Development Application
Planning and Environment Development Consent Centre Based Childcare Facility Conciliation Conference Jurisdictional Prerequisites Amendment of Development Application

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Parties

Arkexpress Design Pty Ltd

Applicant

The Hills Shire Council

Respondent

Procedural Posture

Development Appeal / Final Orders Made After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for the construction and use of a centre based childcare facility
  2. 2 Whether jurisdictional prerequisites for grant of consent are satisfied
  3. 3 Compliance with relevant planning instruments and regulations

Ratio Decidendi

The Court upheld the appeal and granted development consent in accordance with the agreement between the parties, having found that all jurisdictional prerequisites for consent were satisfied and that the parties' decision was one the Court could have made in the proper exercise of its functions.

Court Disposition

Appeal upheld; development consent granted.

Orders

  • The appeal is upheld.
  • Development consent is granted to Development Application 548/2023/HA for the construction and use of a Centre Based Childcare Facility for 92 children with basement carparking and landscaping at 39-43 Highbury Road, North Kellyville, subject to conditions of consent at Annexure A.