Litsas v The Hills Shire Council

Judgment

1. COMMISSIONER: This appeal concerns a development application for the demolition of existing structures and the construction of a 5 storey boarding house, containing 25 boarding rooms plus one manager's room, at 17 Sherwin Avenue, Castle Hill. The applicant appeals against the refusal of the development application by The Hills Local Planning Panel on 22 June 2022. The appeal is lodged pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act). In exercising the functions of the consent authority on the appeal, the Court has the power to determine the development application pursuant to ss 4.15 and 4.16 of the EPA Act. The final orders in this appeal, outlined in [10] below, are made as a result of an agreement between the parties that was reached at a conciliation conference.
2. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 26 June 2023. I presided over the conciliation conference.
3. At the conciliation conference, an agreement under s 34(3) of the LEC Act was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. The signed agreement was filed the same date. The agreement follows the agreement of the Hills Shire Council to an amendment to the development application, pursuant to cl 55(1) of the Environmental Planning and Assessment Regulation 2000 (EPA Regulation 2000). The amendments to the development application include the reduction in the number of boarding rooms from 28 to 25 (plus a manager's room), the removal of the bin store from the front setback to allow for greater front and side setbacks and a landscaped area that extends the full width of the site, increases in the side setbacks, and a change to the façade design to achieve a presentation that is compatible with the local character.
4. The decision agreed upon is for the grant of development consent subject to conditions of consent pursuant to s 4.16(1) of the EPA Act. The signed agreement is supported by an agreed statement on the jurisdictional prerequisites. I have considered the contents of the agreed statement, together with the documents referred to therein, the Class 1 Application and its attachments, the assessment report prepared for the meeting of The Hills Shire local planning panel on 22 June 2022, and the documents that are referred to in Annexure A. Based on those documents, I have considered the matters required to be considered pursuant to s 4.15(1) of the EPA Act.