Revelop Building & Development Pty Ltd v The Hills Shire Council [2020] NSWLEC 1665

Revelop Building & Development Pty Ltd v The Hills Shire Council [2020] NSWLEC 1665

The appeal was upheld and the development application approved after the applicant provided amended plans that satisfied planning controls, met statutory requirements for child care facilities, and addressed the respondent’s contentions, and because the resulting agreement was one the Court could properly have made under s 34(3) of the Court Act.

Parties
Applicant: Revelop Building & Development Pty Ltd; Respondent: The Hills Shire Council
Jurisdiction
Australia
Judgment Date
18 December 2020
Procedural Posture
Appeal / Post Conciliation Conference Orders
Outcome
Appeal upheld; amended development application approved
Legal Topics
Change of Use, Child Care Facilities, Development Application, Conciliation Conference
Planning and Environment Change of Use Child Care Facilities Development Application Conciliation Conference

Case Brief

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Parties

Revelop Building & Development Pty Ltd

Applicant

The Hills Shire Council

Respondent

Procedural Posture

Appeal / Post Conciliation Conference Orders

Legal Issues

  1. 1 Whether the amended development application for change of use to a child care facility should be approved
  2. 2 Compliance with planning controls and relevant legislation

Ratio Decidendi

The appeal was upheld and the development application approved after the applicant provided amended plans that satisfied planning controls, met statutory requirements for child care facilities, and addressed the respondent’s contentions, and because the resulting agreement was one the Court could properly have made under s 34(3) of the Court Act.

Court Disposition

Appeal upheld; amended development application approved

Orders

  • The Applicant is granted leave to rely on the amended plans listed in Condition 1 at Annexure 'A' to this agreement.
  • The appeal is upheld.