Jones v Hawkesbury City Council [2023] NSWLEC 1477

Land and Environment Court New South Wales

Medium Neutral Citation: Jones v Hawkesbury City Council [2023] NSWLEC 1477 Hearing dates: Conciliation conference on 5 July 2023 Date of orders: 23 August 2023 Decision date: 23 August 2023 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) The applicant is to pay the respondent's costs thrown away as a result of the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $2000 with such payment to be made within 21 days of orders being made approving the application. (2) The applicant's written request prepared by Minto Planning Services dated 19 July 2023, pursuant to cl 4.6 of the Hawkesbury Local Environmental Plan 2012 (HLEP), to vary the subdivision development standard in cl 4.1B of the HLEP is upheld. (3) The applicant's written request prepared by Minto Planning Services dated 19 July 2023 pursuant to cl 4.6 of the HLEP 2012 to vary the subdivision development standard in cl 4.2B of the HLEP 2012 is upheld. (4) The appeal is upheld. (5) Development Application No. DA0333/21 for a two lot Torrens title subdivision at 127 Edwards Road, Richmond Lowlands, being legally described as Lot 13 DP 752032, is determined by the grant of consent, subject to conditions contained in Annexure 'A'. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.15, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Hawkesbury Local Environmental Plan 2012, cll 2.6, 4.1, 4.2, 4.1B, 4.2B, 4.6, 5.21, 6.1, 6.4, 6.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 4, s 4.9, Ch 9, s 9.9 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.10, 2.11, s 4.6 State Environmental Planning Policy (Resources and Energy) 2021, Ch 3, Sch 3 Category: Principal judgment Parties: David Jones (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: J Smith (Applicant) A Seton (Solicitor) (Respondent)