Landen Dev No. 7 Pty Ltd v The Hills Shire Council [2026] NSWLEC 1241
Before: Gray C · NSW Land and Environment Court
Summary
This appeal concerns a development application for the staged subdivision of land in Norwest. The development application was lodged on 10 July 2024. Following the expiry of the period after which a development application is deemed to be refused, the applicant lodged an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act).
Catchwords
APPEAL – development application – subdivision of land – conciliation conference – agreement reached – orders made
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development Application 23/2025/ZD for staged subdivision of Lots 11, 14 -15 in DP 1198944 and Lot 11 in DP 1285723 creating six community title residential lots, one community association lot and one residue lot, over two stages including vegetation removal, earthworks, drainage, road and a footbridge is determined by the grant of development consent, subject to the conditions set out in Annexure A.
Legislation cited
Biodiversity Conservation Act 2016 (NSW), ss 6.12, 7.7, 7.13 Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979 (NSW), s 34 Water Management Act 2000 (NSW), s 91 Biodiversity Conservation Regulation 2017, cl 7.1 Environmental Planning and Assessment Regulation 2021 (NSW), ss 37, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8, 6.9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 The Hills Local Environmental Plan 2019, cll 4.1, 4.1AA, 5.21, 7.2
Read the full judgment
Authoritative text on NSW Caselaw · ~10k words
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