Universal Property Group Pty Ltd v Hawkesbury City Council [2023] NSWLEC 1471

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Hawkesbury City Council [2023] NSWLEC 1471 Hearing dates: Conciliation conference on 9 August 2023 Date of orders: 19 September 2023 Decision date: 19 September 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Deferred development consent is granted to Development Application No. DA0133/22, as amended, for the demolition of existing structures, tree removal, earthworks, construction of public roads, construction of 2 temporary stormwater detention basins and the staged Torrens title subdivision of land into 112 single dwelling residential lots zoned R2 Low Density Residential, one single dwelling residential lot zoned E4 Environmental Living, one lot zoned RE1 for future public recreation, one lot Zoned SP2 Infrastructure for future Classified Road and 2 lots for temporary stormwater detention, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – Demolition – Torren title subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.46, 8.7, Pts 4, 5 Environmental Planning and Assessment Regulation 2021, cl 38 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, 100B State Environmental Planning Policy (Precincts – Central River City) 2021, Appendix 12, ss 2.6, 2.7, 4.1, 4.1AC, 4.1I, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sydney Region Growth Centres) 2006, Sch 2 Threatened Species Conservation Act 1995, ss 126H, 126I Texts Cited: Hawkesbury Development Control Plan 2022 Category: Principal judgment Parties: Universal Property Group Pty Ltd ACN 078297748 (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: J Reid (Applicant) A Seton (Solicitor)(Respondent)