Design Cubicle Pty Ltd v The Hills Shire Council [2026] NSWLEC 1345
Before: Peatman AC · NSW Land and Environment Court
Summary
DEVELOPMENT APPLICATION — community title subdivision — tree removal — environmentally sensitive flora — infrastructure — conciliation conference — agreement between the parties — orders
Catchwords
DEVELOPMENT APPLICATION — community title subdivision — tree removal — environmentally sensitive flora — infrastructure — conciliation conference — agreement between the parties — orders
Outcome
The Court orders: (1) The appeal is upheld. (2) The Applicant is to pay the Respondent’s reasonable costs ‘thrown away’ in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) as a result of the amendment of Development Application No. 1274/2023/ZD as agreed or assessed. (3) Development Application No. 1274/2023/ZD, as amended, for infill subdivision creating five community title residential lots and one association lot, including tree removal, landscaping, provision of new infrastructure, site preparation works and private road works on Lot 44 in Deposited Plan 809629 and Lot 451 in Deposited Plan 1078391 known as 12-14 Fleur Close, West Pennant Hills, is determined by the grant of consent, subject to the conditions at Annexure A.
Legislation cited
Biodiversity Conservation Act 2016 (NSW) Pt 6, 7, Div 4, ss 6.12, 7.2, 7.16 Environmental Planning and Assessment Act 1979 (NSW) 4.15, 4.16, 4.17, 8.2, 8.7, 8.10, 8.15, Land and Environment Court Act 1979 (NSW) ss 17, 34 Biodiversity Conservation Regulation 2017 cl 7.1 Environmental Planning and Assessment Regulation 1979 (NSW) ss 23, 38, State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.7, 6.8, 6.9, 6.10, 6.11 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 The Hills Local Environmental Plan 2019 cll 2.1, 2.3, 2.6, 4.1AA, 5.16, 6.2, 7.6.
Read the full judgment
Authoritative text on NSW Caselaw · ~17k words
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