RPSM Holdings Pty Ltd ACN 100 875 125 trading as MM Atelier Architects v Hawkesbury City Council [2024] NSWLEC 1377

Land and Environment Court New South Wales

Medium Neutral Citation: RPSM Holdings Pty Ltd ACN 100 875 125 trading as MM Atelier Architects v Hawkesbury City Council [2024] NSWLEC 1377 Hearing dates: Conciliation conference on 28 June 2024 Date of orders: 04 July 2024 Decision date: 04 July 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) Leave is granted, pursuant to sections 64(1)(b) and 65 of the Civil Procedure Act 2005 (NSW) to amend the Class 1 Application to insert the name of the Applicant as follows: RPSM Holdings Pty Ltd ACN 100 875 125 trading as MM Atelier Architects. (2) The appeal is upheld. (3) Development Application DA0330/19 for the redevelopment of the Jolly Frog Hotel located at Lot 102 in Deposited Plan 1151845 otherwise known as 25 Bridge Street, Windsor NSW 2756 is determined by the grant of development consent subject to conditions contained in Annexure 'A'. Catchwords: APPEAL – development application – food and drink premises – restoration of heritage item – flood planning area – conciliation conference - agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34 Water Management Act 2000, s 91 Hawkesbury Local Environmental Plan 2012, cll 5.10, 5.21, 6.1, 6.2, 6.4, 6.7 State Environmental Planning Policy Amendment (Flood Planning) 2021 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.65, Ch 9, s 9.3 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, cll 2.119 and 2.122 Standard Instrument (Local Environmental Plans) Order 2006, cl 8 Cases Cited: Hawkesbury Riverside Retreat Limited v Hawkesbury City Council [2022] NSWLEC 1359 Hoxton Park Residents Action Group Inc v Liverpool City Council (2011) 184 LGERA 104; [2011] NSWCA 349 Stokes v Waverley Council (No 2) (2019) 242 LGERA 392; [2019] NSWLEC 174 Category: Principal judgment Parties: RPSM Holdings Pty Ltd ACN 100 875 125 trading as MM Atelier Architects (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: Dr J Smith (Applicant) T Ward (Respondent)