BLR1823 Pty Ltd v Hawkesbury City Council [2023] NSWLEC 1389

Land and Environment Court New South Wales

Medium Neutral Citation: BLR1823 Pty Ltd v Hawkesbury City Council [2023] NSWLEC 1389 Hearing dates: Conciliation conference on 7 and 27 June, 4, 7 and 13 July 2023 Date of orders: 21 July 2023 Decision date: 21 July 2023 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The appeal is upheld. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed in the sum of $9,000. (3) Development Application No. DA0351/22, which seeks consent for demolition of existing structures, civil works including earthworks, services, internal access roads, construction of a mixed use development comprising of a centre-based child care facility, hospital and day surgery, veterinary hospital, use of existing dwelling as health consulting rooms, two dog parks, ancillary carparking and landscaping at 10 and 16 Old Bells Line Of Road, Kurrajong NSW 2758 (legally known as Lot 2 DP 711222, Lot 271 DP 661435 and Lot 1 DP 828073), as amended, is approved subject to the conditions of consent in Annexure B. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Education and Care Services National Regulations 2011, cll 107, 108 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.46, 8.7 Environmental Planning and Assessment Regulation 2021, ss 37, 38 Hawkesbury Local Environmental Plan 2012, cll 2,7, 4.3, 4.4, 5.10; 6.1, 6.2, 6.4, 6.7, Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 9 ss 4.9, 6.65, 9.2, 9.3, 9.4, 9.5 State Environmental Planning Policy (Industry and Employment) 2021, s 3.6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Chs 2,3, s 2.119 Texts Cited: Department of Planning, Industry and Environment, Child Care Planning Guideline, 2021 Hawkesbury City Council Community Participation Plan 2019 Hawkesbury Development Control Plan 2002 Category: Principal judgment Parties: BLR1823 Pty Limited (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)