MS Windsor St Pty Ltd v Hawkesbury City Council [2021] NSWLEC 1223

Land and Environment Court New South Wales

Medium Neutral Citation: MS Windsor St Pty Ltd v Hawkesbury City Council [2021] NSWLEC 1223 Hearing dates: 8-9 April 2021 Date of orders: 5 May 2021 Decision date: 05 May 2021 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendments pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (2) The appeal is dismissed. (3) Development Application DA 0547/19 for the demolition of existing structures and construction of a three storey shop top housing development at 197 Windsor Street, Richmond is refused. (4) The exhibits are returned with the exception of Exhibits A, J and 8. Catchwords: DEVELOPMENT APPLICATION – new shop top housing development – Applicant granted leave for amended plans – supplementary planning expert report agreed height standard exceeded – absence of variation request – precondition not met – no power to grant consent – appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.15(3) Hawkesbury Local Environmental Plan 2012 cll 4.3, 4.6 State Environmental Planning Policy 65 – Design Quality of Residential Apartment Development Cases Cited: Baron Corporation Pty Ltd v Council of the City of Sydney (2019) 243 LGERA 338; [2019] NSWLEC 61 Cachia v Manly Council (No 2) [2009] NSWLEC 1107 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Michael Brown Planning Strategies Pty Ltd v Wingecarribee Shire Council [2020] NSWCA 137 Category: Principal judgment Parties: MS Windsor St Pty Ltd (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: S Kondilios (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)