Mepstead & Associates Pty Ltd v Hawkesbury City Council [2023] NSWLEC 1255

Land and Environment Court New South Wales

Medium Neutral Citation: Mepstead & Associates Pty Ltd v Hawkesbury City Council [2023] NSWLEC 1255 Hearing dates: Hearing and conciliation conference on 4 May 2023 Date of orders: 24 May 2023 Decision date: 24 May 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. DA0123/22 for the demolition of existing structures and the subdivision of land into 17 residential Torrens Title lots and 3 residue Torrens Title lots and associated site works on land legally described as Lot 1, Lot 2, and Lot 3 in Deposited Plan 1037470 and known as 621, 627 and 633 Windsor Road, Vineyard, NSW, 2765, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – subdivision – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Interpretation Act 1987, s 30A Land and Environment Court Act 1979, s 34 State Environmental Planning Policy Amendment (Water Catchments) 2022 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 1.4, 6.65, 9.4, 9.5 State Environmental Planning Policy (Infrastructure) 2007, cl 101 State Environmental Planning Policy (Precincts – Central River City) 2021, Appendix 12, ss 2.3, 2.6, 2.7, 4.1, 4.1I, 6.3, 6.8, 6.9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 1.4 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 1.4 State Environmental Planning Policy No. 55 – Remediation of Land, cl 7 Category: Principal judgment Parties: Mepstead & Associates Pty Ltd (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: J Smith (Applicant) P Hudson (solicitor) (Respondent)