Hawkesbury Riverside Retreat Limited v Hawkesbury City Council [2022] NSWLEC 1359

Land and Environment Court New South Wales

Medium Neutral Citation: Hawkesbury Riverside Retreat Limited v Hawkesbury City Council [2022] NSWLEC 1359 Hearing dates: 27 June 2022 Date of orders: 14 July 2022 Decision date: 14 July 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) the Appeal is upheld; (2) Development consent is granted to Development Application No. DA0769/15, as amended, for the operation of a caravan park on the land at 78 Greens Road, Lower Portland (Lot 1 DP 862897) subject to the conditions in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders. Legislation Cited: Biodiversity Conservation Act 2016 Biodiversity Conservation (Savings and Transitional) Regulation 2017, cl 27 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 78A Environmental Planning and Assessment Regulation 2000, cl 77 Hawksbury Local Environmental Plan 2012, cll 2.3 Land and Environment Court Act 1979, s 34 Local Government Act 1993 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 9.1, 9.3, 9.4, 9.9 State Environmental Planning Policy (Housing) 2021, Sch 7A cl 2 State Environmental Planning Policy No 21—Caravan Parks, cl 8 State Environmental Planning Policy No 55 - Remediation of Land, cl 7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy Amendment (Flood Planning) 2021 Cases Cited: IDA Safe Constructions Pty Ltd v Central Coast Council [2021] NSWLEC 1434 Rothshire Pty Ltd v Fairfield City Council [2021] NSWLEC 1649 Rothshire Pty Ltd v Blacktown City Council [2022] NSWLEC 1125 Texts Cited: Land and Environment Court of NSW COVID-19 Pandemic Arrangements Policy (April 2021) Category: Principal judgment Parties: Hawkesbury Riverside Retreat Limited (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: M Driscoll (Applicant) A Seton (solicitor)(Respondent)