Lin v Hawkesbury City Council [2022] NSWLEC 1098

Land and Environment Court New South Wales

Medium Neutral Citation: Lin v Hawkesbury City Council [2022] NSWLEC 1098 Hearing dates: Conciliation conference on 21 February 2022 Date of orders: 25 February 2022 Decision date: 25 February 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Appeal is upheld. (2) Development Application No. DA0140/20 for the construction of a single storey residential dwelling with ancillary development comprising the installation of new wastewater and stormwater management systems on the land at 109 Hanckel Road, Oakville, being Lot 15 in DP 32307 is approved subject to the conditions set out in Annexure "A" to this agreement. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 Biodiversity Conservation Regulation 2017 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, cl 6 State Environmental Planning Policy (Koala Habitat Protection) 2020, cl 8 State Environmental Planning Policy (Koala Habitat Protection) 2021, cl 18 State Environmental Planning Policy No 55 - Remediation of Land, cl 7 Sydney Regional Environmental Plan No 20 -Hawkesbury-Nepean River (No 2—1997), cll 6, 8 Hawkesbury Local Environmental Plan 2012, cll 2.3, 4.3, 6.2, 6.4 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (December 2021) Hawkesbury Development Control Plan 2002 Category: Principal judgment Parties: Guang Ping Lin (First Applicant) Hui Lan Cai (Second Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicants) S Patterson (Solicitor) (Respondent)