UPG 186 Pty Ltd v Hawkesbury City Council [2023] NSWLEC 1678

Land and Environment Court New South Wales

Medium Neutral Citation: UPG 186 Pty Ltd v Hawkesbury City Council [2023] NSWLEC 1678 Hearing dates: Conciliation Conference on 27 October 2023 Date of orders: 14 November 2023 Decision date: 14 November 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. DA0213/22, as amended, for the demolition of existing structures, tree removal, earthworks, construction of public roads, stormwater drainage works, landscaping and a Torrens Title subdivision of land creating 93 residential lots in 3 stages and two (2) residue lots, on land legally described as Lot 4, Lot 7 and Lot 8 in DP 25173, Lot 1 and Lot 3 in DP 1274576, and Lot 32 in DP577668, also described as 40, 48, and 54 Boundary Road and 40, 42, and 56 Harkness Road, Oakville NSW 2765, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – Torren title subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, Pt 8 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, Pts 4, 5 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 National Parks and Wildlife Act 1974, s 90 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, s 6.65, Ch 9, Pt 9.2 State Environmental Planning Policy (Precincts – Central River City) 2021, Appendix 12, ss 2.6, 2.7, 4.1, 4.1AC, 4.1I, 6.1, 6.8 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 State Environmental Planning Policy Amendment (Water Catchments) 2022, Ch 6 Threatened Species Conservation Act 1995, s 126H Water Management Act 2000, s 91 Texts Cited: Hawkesbury City Council Community Participation Plan (September 2019) Threatened Species Conservation Act 1995 Order to confer biodiversity certification on the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Category: Principal judgment Parties: UPG 186 Pty Ltd (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: J Smith (Applicant) J Corradini-Bird (Solicitor) (Respondent)