26 Hume Avenue Holding Pty Ltd v The Hills Shire Council [2026] NSWLEC 1366
Before: Miller AC · NSW Land and Environment Court
Summary
This appeal concerns a development application 429/2025/HA for the demolition of existing structures and construction of a seven storey residential flat building comprising 27 residential units and 4 independent living units (seniors housing), two levels of basement parking for 35 vehicles and removal of 8 trees at 71 Cecil Avenue and 26 Hume Avenue, Castle Hill (Lots 2 and 3 in Deposited Plan 211403) (the site). The applicant lodged an appeal pursuant to s 8.7 of the Environmental Planning and
Catchwords
APPEAL — residential flat building — conciliation conference — agreement reached — orders made
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development Application No 429/2025/HA, as amended, for the demolition of existing structures and construction of a six storey residential flat building for 27 residential units, two levels of basement parking and removal of 8 trees at 71 Cecil Avenue and 26 Hume Avenue, Castle Hill (Lots 2 and 3 in Deposited Plan 211403) is determined by the grant of consent subject to the conditions at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 2.22, 4.15, 4.16, 8.7, Sch 1 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 37, 38, Sch 7 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2, ss 6.6, 6.7, 6.8, 6.9, 6.10, 6.13 State Environmental Planning Policy (Housing) 2021, Ch 4, 6, ss 145, 147, 148, 177, 180 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1, Sch 1 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 The Hills Local Environmental Plan 2019, cll 2.3, 2.7, 4.1A, 4.3, 4.6, 5.21, 7.2
Read the full judgment
Authoritative text on NSW Caselaw · ~21k words
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