Metry v The Hills Shire Council [2026] NSWLEC 1297
Before: Walsh C · NSW Land and Environment Court
Summary
DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders
Catchwords
DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders
Outcome
The Court orders that: (1) Pursuant to section s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant to pay the Respondent’s costs thrown away as a result of the amendment to the development application in the agreed amount of $11,000 within 28 days of the date of this order. (2) The appeal is upheld. (3) Development Application No DA1030/2025/ZD (as amended) for subdivision creating 4 community title rural residential lots and 1 association lot (rural cluster) with associated tree removal on the land at 85 Kemp Place, Glenorie 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 6.15, 7.13 Environmental Planning and Assessment Act 1979 (NSW), ss, 4.15, 4.16, 4.46, 8.7, 8.15, 10.3 Land and Environment Court Act 1979 (NSW), ss 34, 39 Rural Fires Act 1997 (NSW), s 100B Environmental Planning and Assessment Regulation 2021 (NSW), 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, Pt 6.2, ss 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.13, 6.20 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 The Hills Local Environmental Plan 2019, cll 2.6, 4.1AA, 5.21, 7.4
Read the full judgment
Authoritative text on NSW Caselaw · ~18k words
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