N Moit & Sons (NSW) Pty Ltd v Hawkesbury City Council [2024] NSWLEC 1474

Land and Environment Court New South Wales

Medium Neutral Citation: N Moit & Sons (NSW) Pty Ltd v Hawkesbury City Council [2024] NSWLEC 1474 Hearing dates: Conciliation conference on 2 August 2024 Date of orders: 07 August 2024 Decision date: 07 August 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The applicant shall pay the respondent's costs thrown away by reason of the amendment of the development application pursuant to s 8.15(3) Environmental Planning and Assessment Act 1979 in the agreed sum of $8,000 within 14 days. (2) The appeal is upheld. (3) Development consent is granted to development application No. DA0476/22, as amended in accordance with the plans and documentation at Annexure 'A', for the formalisation of the current use of the site and buildings as a truck depot and complete ancillary earthworks, landscaping and stormwater works subject to the conditions in Annexure 'B'. Catchwords: APPEAL – development application – truck depot and earthworks – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021 ss 27, 37, 38 Hawkesbury Local Environmental Plan 2012, cll 5.21, 6.1, 6.2, 6.4, 6.5, 6.7 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2, ss 6.6, 6.7, 6.9 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.7, 2.8, 2.10, 2.11, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Category: Principal judgment Parties: N Moit & Sons (NSW) Pty Ltd (ABN 76074571510) (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: R Pellizon (Solicitor) (Applicant) J Palmer (Solicitor) (Respondent)