UPG 345 Pty Ltd v The Hills Shire Council [2024] NSWLEC 1752

UPG 345 Pty Ltd v The Hills Shire Council [2024] NSWLEC 1752

As all jurisdictional and statutory prerequisites are satisfied, the parties' agreement is one that the Court could have made. Therefore, the Court must uphold the appeal and grant consent to the amended development application, subject to agreed conditions.

Parties
Applicant: UPG 345 Pty Ltd; Respondent: The Hills Shire Council
Jurisdiction
Australia
Judgment Date
22 November 2024
Procedural Posture
Development Application Appeal / Disposition Following Conciliation Conference; Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions; cost order made.
Legal Topics
Development Consent, Design Review, Flood Planning, Traffic Impacts, Building Sustainability, Land Use Zoning, Site Contamination, Public Participation
Planning Law Environmental Law Development Consent Design Review Flood Planning Traffic Impacts Building Sustainability Land Use Zoning +2 more

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Parties

UPG 345 Pty Ltd

Applicant

The Hills Shire Council

Respondent

Procedural Posture

Development Application Appeal / Disposition Following Conciliation Conference; Final Orders

Legal Issues

  1. 1 Whether to grant development consent to amended development application for residential flat buildings
  2. 2 Whether jurisdictional prerequisites under s 34(3) of the Land and Environment Court Act 1979 are met
  3. 3 Compliance with applicable State Environmental Planning Policies and the Hills Local Environmental Plan 2019

Ratio Decidendi

As all jurisdictional and statutory prerequisites are satisfied, the parties' agreement is one that the Court could have made. Therefore, the Court must uphold the appeal and grant consent to the amended development application, subject to agreed conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; cost order made.

Orders

  • The Applicant is granted leave to file the Amended Development Application with the Court.
  • The Applicant is to pay the Respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed sum of $15,000 within 28 days.