Comleroy Road Kurrajong Pty Ltd v Hawkesbury City Council [2021] NSWLEC 1661

Land and Environment Court New South Wales

Medium Neutral Citation: Comleroy Road Kurrajong Pty Ltd v Hawkesbury City Council [2021] NSWLEC 1661 Hearing dates: Conciliation conference on 22 October 2021 Date of orders: 29 October 2021 Decision date: 29 October 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court Orders: (1) the Applicant is to pay the Respondents costs thrown away as a result of the amendments of the application for development consent under section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the sum of $6,000 within 28 days. (2) the appeal is upheld; (3) development application No. DA0250/20, seeking consent for the subdivision of Lot 58 in Deposited Plan 751658 (being the land commonly described as 816 Comleroy Road, Kurrajong NSW 2758) into four new Torrens title lots, is determined by the grant of consent subject to the conditions set out in Annexure 'A' to this agreement. Catchwords: DEVELOPMENT APPEAL – Torrens title subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, Part 6 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Hawkesbury LEP 2012, cll 2.7, 4.1, 4.1B, 5.10, 6.1, 6.3, 6.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy No. 55 – Remediation of Land, cl 7 Texts Cited: Hawkesbury Development Control Plan 2002 Category: Principal judgment Parties: Comleroy Road Kurrajong Pty Ltd ACN 637884608 (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: K Mezinec (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)