Optima Developments Pty Ltd v Hawkesbury City Council [2024] NSWLEC 1616

Land and Environment Court New South Wales

Medium Neutral Citation: Optima Developments Pty Ltd v Hawkesbury City Council [2024] NSWLEC 1616 Hearing dates: Conciliation conference on 13 September 2024 Date of orders: 02 October 2024 Decision date: 02 October 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The Applicant is to pay, within 28 days of these orders, the Respondent's costs thrown away as a result of the amendment to the development application, agreed at $17500, pursuant to s 8.15(3) of Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Designated Development Application DA 0011/23 (as amended) for Intensive Plant Agriculture comprising the expansion of an existing turf farm, clearing of native vegetation, demolition of two existing dwelling houses, construction of a nutrient pond, regrading of part of the site for use as turf farm, and construction of retaining walls, farm shed, drains and supporting infrastructure at 54 Derrig Road, Tennyson and 982 Kurmond Road, North Richmond, formally known as Lot 3 in DP 548570 and Lot 18 in DP 16781, is approved subject to the conditions set out in Annexure "A" to this agreement. Catchwords: APPEAL – development application – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979, ss 4.12, 4.46, 8.7 Environmental Planning and Assessment Regulation 2021, s 38, Sch 3, s 44 Hawkesbury Local Environmental Plan 2012, cll 2.7, 6.1, 6.4, 6.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 4.9, 6.6, Chs 4, 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183 Category: Principal judgment Parties: Optima Developments Pty Ltd (Applicant) Hawkesbury City Council (First Respondent) P Chandler (Second Respondent) Representation: Counsel: C Gough (Solicitor) (Applicant) T Ward (Solicitor) (First Respondent) N Nadj (Solicitor) (Second Respondent)