NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: 396 Bells Pty Ltd v Hawkesbury City Council [2023] NSWLEC 1105 Hearing dates: Conciliation Conference 3 March 2023 Date of orders: 10 March 2023 Decision date: 10 March 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Modification Application S960020/22 for the modification of development consent DA0332/16 as amended to date for development at 396 Bells Line of Road, Kurmond being Lot 2 in DP607906 and 2 Inverary Drive, Kurmond being Lot 2 in DP600414 is approved in accordance with Annexure A. (3) As a result of the modification, the consent is subject to the conditions set out in Annexure B. Catchwords: DEVELOPMENT APPEAL – modification application – substantially the same as development approved – subdivision – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Land and Environment Court Act 1979, s 34 Texts Cited: Hawkesbury Development Control Plan 2002 Category: Principal judgment Parties: 396 Bells Pty Ltd (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: S Simington (Solicitor)(Applicant) J Ede (Solicitor)(Respondent)
Solicitors: Lindsay Taylor Lawyers (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2022/205760 Publication restriction: No
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