Universal Property Group Pty Ltd v Hawkesbury City Council [2022] NSWLEC 1536

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Hawkesbury City Council [2022] NSWLEC 1536 Hearing dates: Conciliation conference on 16 May 2022; 8 September 2022 Date of orders: 10 October 2022 Decision date: 10 October 2022 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (2) The appeal is upheld. (3) Development consent is granted to DA0322/21 for the demolition of existing structures, construction of public roads, construction of two temporary stormwater detention basins and subdivision of land into 168 single dwelling lots, one dual occupancy lot and two residual lots in two stages on land legally described as Lot 8 in DP 578758 (283 Commercial Road, Vineyard), Lot 1 in DP 253872 (65 Harkness Road, Oakville), Lot 2 in DP 253872 (57 Harkness Road, Oakville), Lot 3 in DP 253872 (49 Harkness Road, Oakville), Lot 4 in DP 253872 (41 Harkness Road, Oakville), Lot 5 in DP 253872 (21 Harkness Road, Oakville), Lot 6 in DP 253872 (305 Commercial Road, Vineyard) and Lot 2 in DP 1180840 (44 Menin Road, Vineyard) subject to the conditions in Annexure B. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.15(3) Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 9 Pt 9.2 s 9.3 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4 s 4.6 State Environmental Planning Policy (Sydney Region Growth Centres) 2006, Appendix 13 cll 2.6, 4.1I, 6.1, 6.8, 6.9 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 2 Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: E Fleming (Solicitor) (Applicant) J Corradini-Bird (Solicitor) (Respondent)