Zhang v The Hills Shire Council [2024] NSWLEC 1701

Zhang v The Hills Shire Council [2024] NSWLEC 1701

The Court is satisfied on the evidence, including joint agreement and compliance with statutory instruments as set out, that consent should be granted to the Amended Development Application, including the proposed height standard variation, in accordance with the agreed conditions and under the mechanisms in s 34 of the Land and Environment Court Act 1979.

Parties
Applicant: Jian Zhang; Respondent: The Hills Shire Council
Jurisdiction
Australia
Judgment Date
01 November 2024
Procedural Posture
Class 1 Development Appeal / Final Orders Following Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted; costs ordered
Legal Topics
Development Consent, Child Care Facilities, Height Standard Variation, Conciliation Conference, Costs Thrown Away
Planning and Environment Law Development Consent Child Care Facilities Height Standard Variation Conciliation Conference Costs Thrown Away

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Parties

Jian Zhang

Applicant

The Hills Shire Council

Respondent

Procedural Posture

Class 1 Development Appeal / Final Orders Following Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 Whether development consent should be granted to Amended Development Application No. 89/2024/HA for a centre-based child care facility
  2. 2 Whether the variation of maximum building height under cl 4.6 of The Hills Local Environmental Plan 2022 should be allowed
  3. 3 Whether conditions under relevant planning instruments and regulations are satisfied

Ratio Decidendi

The Court is satisfied on the evidence, including joint agreement and compliance with statutory instruments as set out, that consent should be granted to the Amended Development Application, including the proposed height standard variation, in accordance with the agreed conditions and under the mechanisms in s 34 of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted; costs ordered

Orders

  • The applicant is to pay the respondent's costs thrown away by reason of the amendment of Development Application No. 89/2024/HA (PAN-350475) pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $10,000 to be paid within 14 days of the date of these orders.
  • The appeal is upheld.