Taclam Pty Ltd v Hawkesbury City Council [2023] NSWLEC 1559

Land and Environment Court New South Wales

Medium Neutral Citation: Taclam Pty Ltd v Hawkesbury City Council [2023] NSWLEC 1559 Hearing dates: Conciliation Conference 7 June, 18 July, 1, 14 and 21 August 2023 Date of orders: 26 September 2023 Decision date: 26 September 2023 Jurisdiction: Class 1 Before: Targett AC Decision: The Court orders that: (1) The applicant is to pay those costs of the respondent thrown away as a result of amending the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $1. (2) The appeal is upheld. (3) Development Application DA0193/22 lodged on 14 June 2022, as amended, relating to land identified as Lot 2 in DP 520343 and known as 76 Wilberforce Road, Wilberforce, is determined by the grant of consent subject to the conditions contained in Annexure A. Catchwords: APPEAL – Development application – conciliation conference – agreement between the parties – orders Legislation Cited: Civil Procedure Act 2005, s 26 Environmental Planning and Assessment Act 1979, ss 4.46, 4.47, 8.7, 8.10, 8.14, Environmental Planning and Assessment Regulation 2021, s 38 Hawkesbury Local Environmental Plan 2012, cll 5.21, 6.1, 6.4 Land and Environment Court Act 1979, ss 17, 34 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 Water Management Act 2000, s 91 Texts Cited: Hawkesbury Development Control Plan 2002 Category: Principal judgment Parties: Taclam Pty Ltd (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: T Poisel (Applicant) R McCulloch (Solicitor) (Respondent)