Rathee v Hawkesbury City Council [2022] NSWLEC 1342

Land and Environment Court New South Wales

Medium Neutral Citation: Rathee v Hawkesbury City Council [2022] NSWLEC 1342 Hearing dates: Conciliation conference held on 23 May 2022 Date of orders: 01 July 2022 Decision date: 01 July 2022 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The Appeal is upheld (2) Development Application 0367/2021, as amended, for the demolition of existing structures and removal of vegetation, subdivision of land to create to 39 Torrens Title residential lots and a residue lot for the temporary stormwater basin, construction of roads, landscaping works, utilities servicing, dam dewatering and battering works on land legally described as Lot 6 DP 253872, known as 305 Commercial Road Oakville 2765, Lot 7 DP578758 known as 293 Commercial Road, Oakville and Lot 5 DP253872, known as 21 Harkness Road, Oakville, is determined by grant of consent, subject to conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, Pt 8 Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Precincts – Central River City) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Threatened Species Conservation Act 1995, s12G Texts Cited: Hawkesbury Development Control Plan 2002 Category: Principal judgment Parties: Sushil Rathee (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: A Johnson (Solicitor) (Applicant) J Corridini-Bird (Solicitor) (Respondent)