Newman v Hawkesbury City Council [2023] NSWLEC 1544

Land and Environment Court New South Wales

Medium Neutral Citation: Newman v Hawkesbury City Council [2023] NSWLEC 1544 Hearing dates: Conciliation Conference on 8 September 2023 Date of orders: 21 September 2023 Decision date: 21 September 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as a result of the amendments to the Development Application as agreed or assessed. (2) The appeal is upheld. (3) Development Application No. 03484/22 for Light Industry – Use of the premises for the purposes of vehicle servicing and repairs, including: (a) Vehicle inspections for registration or insurance assessment; (b) Servicing (including oil changes and general vehicle servicing and mechanical repair); (c) Auto electrical works; (d) Fittings of accessories and parts; and (e) Fitting and sale of tyres, but not including use of the site for vehicle storage, rebuilding, body building, panel beating, panel building, spray painting or chassis restoration, at 331 Windsor Street, Richmond (Lot 3 DP 37868) is determined by the grant of consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL – light industry vehicle repair station – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.67, 8.15, 8.7, Div 4.11 Environmental Planning and Assessment Regulation 2021, ss 23, 38, 163, 167 Hawkesbury Local Environmental Plan 2012, cl 6.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Bruce Andrew Newman (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: A Sattler (Solicitor)(Applicant) J Palmer (Solicitor) (Respondent)