Bridgewell and SLD Castle Hill Pty Ltd v The Hills Shire Council [2024] NSWLEC 1348

Bridgewell and SLD Castle Hill Pty Ltd v The Hills Shire Council [2024] NSWLEC 1348

As the parties’ agreement met all jurisdictional and statutory prerequisites, including a justified clause 4.6 request addressing the objectives of the height standard and zone, and the development otherwise complying with or satisfactorily addressing all relevant planning controls, the Court upheld the appeal and granted development consent, subject to conditions.

Jurisdiction
Australia
Judgment Date
24 June 2024
Procedural Posture
Class 1 Appeal (development Application) / Post Conciliation, Final Determination by Orders
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'local Environmental Plan' 'building Height Standard' 'heritage Impact' 'design Excellence' 'environmental Planning Instruments' 'costs (thrown Away)']
['planning and Environment Law'] ['development Application' 'local Environmental Plan' 'building Height Standard' 'heritage Impact' 'design Excellence' 'environmental Planning Instruments' 'costs (thrown Away)']

Case Brief

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Procedural Posture

Class 1 Appeal (development Application) / Post Conciliation, Final Determination by Orders

Legal Issues

  1. 1 ['Whether the development application, including contravention of the building height development standard, should be approved subject to conditions.' 'Whether the written request under clause 4.6 of The Hills Local Environmental Plan 2019 to vary the height standard should be upheld.' 'Whether the development satisfies relevant statutory and planning requirements, including environmental, heritage, design, and infrastructure controls.' "Jurisdictional prerequisites for granting consent and disposal of proceedings in accordance with parties' agreement."]

Ratio Decidendi

As the parties’ agreement met all jurisdictional and statutory prerequisites, including a justified clause 4.6 request addressing the objectives of the height standard and zone, and the development otherwise complying with or satisfactorily addressing all relevant planning controls, the Court upheld the appeal and granted development consent, subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ["The Applicant is to pay the Respondent's costs 'thrown away' as agreed or assessed in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979 as a result of the amendment." 'The written request pursuant to clause 4.6 of The Hills Local Environmental Plan 2019 to grant consent to the...