Brinsley Properties Pty Limited v Hawkesbury City Council [2023] NSWLEC 1433

Land and Environment Court New South Wales

Medium Neutral Citation: Brinsley Properties Pty Limited v Hawkesbury City Council [2023] NSWLEC 1433 Hearing dates: Conciliation Conference on 4 August 2023 Date of orders: 09 August 2023 Decision date: 09 August 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Appeal is upheld. (2) Development Application DA0323/21 (as amended) for tree removal, earthworks, remediation works, Torrens Title subdivision into 22 lots and civil engineering works at 125-129 King Road, Wilberforce is approved subject to the conditions set out in Annexure A. Catchwords: APPEAL – development application – Torrens Title subdivision and road construction – conciliation conference – agreement reached – orders made Legislation Cited: Biodiversity Conservation Act 2016, s 7.2 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Hawkesbury Local Environmental Plan 2012, cll 2.6, 4.1, 4.1D, 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 (Transport and Infrastructure) 2021, s 2.119 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Brinsley Properties Pty Limited (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: C Gough (Solicitor) (Applicant) A Foley (Solicitor) (Respondent)