Starr v Hawkesbury City Council [2005] NSWLEC 487

Land and Environment Court of New South Wales

CITATION : Starr v Hawkesbury City Council [2005] NSWLEC 487

Applicant: R & L Starr Architects PARTIES : Respondent: Hawkesbury City Council

FILE NUMBER(S) : 10411 of 2004

CORAM: Roseth SC

Development Application - Waste Disposal :- noise disturbance KEY ISSUES: effluent disposal

DATES OF HEARING: 24/11/2004, 24/01/2005, 25/01/2005, 09/02/2005 and 05/09/2005

DATE OF JUDGMENT: 09/08/2005

Applicant: LEGAL REPRESENTATIVES: Mr I Pickles, barrister instructed by Mr J Chapman of Fisher Chapman

Mr C Leggat, barrister instructed by Mrs L Finn of Abbott Tout

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

8 September 2005

10411 of 2004 R L Starr Architects v Hawkesbury City Council

JUDGMENT 1 Senior Commissioner : This is an appeal against the deemed refusal of a development application in respect of land at 102 Peel Parade, Kurrajong, to construct · a 48- room motel in six separate two-storey buildings, · a golf clubhouse and conference/function centre, · tennis courts, · a golf pro-shop · associated parking · water supply system, · sewerage treatment plant (STP) and associated effluent disposal system, and · landscaping. The site 2 The site is 41 ha, located between the ridge followed by Comleroy Road and the eastern face of the Blue Mountains escarpment. It has recently been developed for a nine-hole golf course, a manager's residence, a temporary golf pro-shop and car parking. It also accommodates several dams and a sewage treatment plant that services the rural residential allotments surrounding it. To the north, east and south the site adjoins existing rural and rural/residential properties ranging from 0.5 to 6 ha.