Hubbard v Hornsby Shire Council [2022] NSWLEC 1345

Land and Environment Court New South Wales

Medium Neutral Citation: Hubbard v Hornsby Shire Council [2022] NSWLEC 1345 Hearing dates: Conciliation conference held on 24 May and 14 June 2022 Date of orders: 04 July 2022 Decision date: 04 July 2022 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The Appeal is upheld (2) Development Application DA/1203/2021 for the remediation of land legally described as Lot 1 DP 513823, known as 31-33 Calabash Road, Arcadia, is determined by the grant of consent, and subject to conditions set out in Annexure A Catchwords: DEVELOPMENT APPLICATION – site remediation – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.69, 8.7 Environmental Planning and Assessment Regulation 2000, cl 49, 55 Hornsby Local Environmental Plan 2013, cl 2.3 Land and Environment Court Act 1979, s 34 Protection of the Environment Operations Act 1997, s 91 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 9.7, 9.9 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, cll 4.6, 4.7, 4.8 Texts Cited: Hornsby Development Control Plan 2013 Category: Principal judgment Parties: Patrizia Hubbard (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: MJ Astill (Applicant) T Pickup (Solicitor) (Respondent)