Misius v Hawkesbury City Council [2022] NSWLEC 1711

Land and Environment Court New South Wales

Medium Neutral Citation: Misius v Hawkesbury City Council [2022] NSWLEC 1711 Hearing dates: 8 and 9 December 2022 Date of orders: 20 December 2022 Decision date: 20 December 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development application no DA0364/20 for alterations & additions to an existing dwelling house, use of existing ground floor plate/building elements at 128 Mountain Avenue Yarramundi (Lot 1 DP 223094) is determined by granting consent to the application subject to the conditions in Annexure A. (3) Exhibits 3, 4 and D are returned and Exhibits 1, 2, 5, A, B, C and E are retained. Catchwords: DEVELOPMENT APPEAL – residential - alterations and additions –– site remediation – revegetation management plan - flora and fauna – terrestrial biodiversity – earthworks – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s, 8.7 Environmental Planning and Assessment Regulation 2000 cl 55 Hawkesbury Local Environmental Plan 2012, cll 1.2, 2.3, 6.1 Interpretation Act 1987 ss 5, 30, 30A Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Koala Habitat Protection) 2019, cl 9 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy No. 55—Remediation of Land, cl 7 Category: Principal judgment Parties: Pamela Gay Misius (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: L Sims (Applicant) T Ward (Solicitor) (Respondent)