Sande v The Hills Shire Council [2023] NSWLEC 1719

Sande v The Hills Shire Council [2023] NSWLEC 1719

The Court was satisfied that the proposed development, as amended and subject to agreed conditions, complies with applicable planning controls, guidelines, and regulations, including requirements for child care facilities, impacts relating to classified roads, land contamination, and the controls set out in the relevant Development Control Plan. The matter was disposed of by orders reflecting the agreement reached at conciliation, with development consent granted and costs ordered against the Applicant for the amendment of the application.

Jurisdiction
Australia
Judgment Date
28 November 2023
Procedural Posture
Appeal – Development Application (class 1) / Post Conciliation Judgment and Final Orders
Outcome
Appeal upheld; development consent granted; costs ordered against Applicant.
Legal Topics
['development Application' 'childcare Centre' 'appeal' 'costs' 'amended Plans' 'land Contamination' 'traffic Impact' 'noise Assessment']
['planning and Environment Law'] ['development Application' 'childcare Centre' 'appeal' 'costs' 'amended Plans' 'land Contamination' 'traffic Impact' 'noise Assessment']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal – Development Application (class 1) / Post Conciliation Judgment and Final Orders

Legal Issues

  1. 1 ['Whether development consent should be granted to the amended development application for a 76-place childcare centre' 'Whether the development complies with relevant planning instruments and regulations' 'Whether the site is suitable for the proposed use having regard to contamination and other impacts' 'Whether costs should be ordered due to amendment of the application']

Ratio Decidendi

The Court was satisfied that the proposed development, as amended and subject to agreed conditions, complies with applicable planning controls, guidelines, and regulations, including requirements for child care facilities, impacts relating to classified roads, land contamination, and the controls set out in the relevant Development Control Plan. The matter was disposed of by orders reflecting the agreement reached at conciliation, with development consent granted and costs ordered against the Applicant for the amendment of the application.

Court Disposition

Appeal upheld; development consent granted; costs ordered against Applicant.

Orders

  • ["The Applicants are to pay the Respondent's costs thrown away as a result of the amendment of the application, in the agreed amount of $82,000.00 within 28 days." 'The appeal is upheld.' 'Development consent is granted to development application DA156/2023/HA for the demolition of existing structures, construction...