1145 CG Pty Ltd v Hawkesbury City Council [2024] NSWLEC 1489

Land and Environment Court New South Wales

Medium Neutral Citation: 1145 CG Pty Ltd v Hawkesbury City Council [2024] NSWLEC 1489 Hearing dates: Conciliation conferences on 6, 12 and 26 February, 8 March and 5 April 2024 Date of orders: 13 August 2024 Decision date: 13 August 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the costs of the Respondent that have been thrown away as a result of the amendment of the development application, in the agreed amount of $6,000, such amount to be paid within 28 days of the date of this order. (2) The appeal is upheld. (3) Development consent is granted to Development Application No DA0151/23 as amended for the demolition of existing structures, and creation of 30 Torrens title lots over 2 stages, the removal of vegetation, construction of roads, drainage civil works and associated street landscaping works on land legally described as Lot 1, Lot 2 and Lot 3 in DP 872233 and known as 65, 67 and 69 Wells Street, Pitt Town NSW 2756, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 4.17, 8.7, 8.15, 10.3, Pt 7, Div 7.1, Subdiv 2, Sch 1, Div 2, s 7 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Environmental Planning and Assessment Regulation 2021, s 38 Hawkesbury Local Environmental Plan 2012, cll 2.2, 2.3, 2.6,4.1, 4.1B, 4.1C, 4.2B, 6.1, 6.2, 6.7, 6.8, 6.9 State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023, cl 4 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 4, 6, Pt 6.2, ss 4.9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Hawkesbury Development Control Plan 2022 NSW Rural Fire Service, Hawkesbury Bush Fire Prone Land Map NSW Rural Fire Service, Planning for Bush Fire Protection, November 2019 Category: Principal judgment Parties: 1145 CG Pty Ltd (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: E Fleming (Solicitor) (Applicant) J Corradini-Bird (Solicitor) (Respondent)