Smith v Hawkesbury City Council [2022] NSWLEC 1690

Land and Environment Court New South Wales

Medium Neutral Citation: Smith v Hawkesbury City Council [2022] NSWLEC 1690 Hearing dates: Conciliation conference 8 December 2022 Date of orders: 8 December 2022 Decision date: 08 December 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Appeal is upheld. (2) Development consent is granted to DA0007/22, for a Secondary dwelling and addition of a Games room to the existing Cabana that is associated with the existing principal dwelling on the land legally described as Lot 4 DP 843500, known as 66 Canoona Avenue, Windsor Downs subject to the conditions at Annexure A. Catchwords: APPEAL – development consent for a secondary dwelling and games room – appeal against determination subject to conditions – conciliation conference – amendment of development application to remove garage from proposed secondary dwelling – agreement reached – orders made Legislation Cited: Environment Planning and Assessment Regulation 2000, cl 55, Sch 1 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Hawkesbury Local Environmental Plan 2012, s 6.4 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 4, 9, Pt 4.2, ss 4.9, 6.65, 9.3 State Environmental Planning Policy (Housing) 2021, ss 52, 53 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Dean Cooper Thomas Smith (First Applicant) Rosemary Diane Smith (Second Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: S Berveling (Applicants) A Seton (Solicitor) (Respondent)