Iontaobhas Pty Ltd v Hawkesbury City Council [2021] NSWLEC 1015

Land and Environment Court New South Wales

Medium Neutral Citation: Iontaobhas Pty Ltd v Hawkesbury City Council [2021] NSWLEC 1015 Hearing dates: 16-19 November 10 December 2020 Date of orders: 13 January 2021 Decision date: 13 January 2021 Jurisdiction: Class 1 Before: Morris AC Decision: The Orders of the Court are: (1) The appeal is dismissed. (2) Development Application 0308/2019 for a six lot subdivision of land comprising Lot 28 DP 1184227 and known as No. 35 Hadden Ridge Road, Wilberforce is refused consent. (3) The exhibits, other than exhibits A and 1, are returned. Catchwords: DEVELOPMENT APPLICATION – subdivision – impact on wetlands ­– endangered ecological communities Legislation Cited: Coastal Management Act 2016 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Hawksbury Local Environmental Plan 2012 Rural Fires Act 1997 State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy No 55—Remediation of Land Sydney Regional Environmental Plan No. 20 - Hawksbury Nepean River (No 2 – 1997) Texts Cited: Australian/New Zealand Standard ASNZS 1547:2012 On-site domestic wastewater management Hawkesbury City Council, Development of Flood Liable Land Policy 2012 Hawkesbury City Council, Draft Flood Policy 2020 Hawkesbury Development Control Plan 2002 NSW Rural Fire Service, Planning for Bushfire Protection 2019 Category: Principal judgment Parties: Iontaobhas Pty Ltd (First Applicant) MOC Pty Ltd (Second Applicant) David O'Connor (Third Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: C Leggat SC (Applicants) A Seton (Solicitor) (Respondent)