Vella v Hawkesbury City Council [2011] NSWLEC 1035

Land and Environment Court New South Wales

Medium Neutral Citation: Vella v Hawkesbury City Council [2011] NSWLEC 1035 Hearing dates: 11 February 2011 Decision date: 15 February 2011 Jurisdiction: Class 1 Before: Morris C Decision: In relation to appeal No 10907 of 2010 the Orders of the Court are: (1) The appeal is dismissed. (2) The Court finds that the deferred commencement condition B of Schedule 1 of Development Consent DA0060/09 has not been satisfied. (3) The exhibits are returned. In relation to appeal No 10908 of 2010 the Orders of the Court are: (1) The appeal is upheld. (2) Development consent DA0060/09 is modified by the deletion of condition 2 of Schedule 2 of that consent and its replacement with a new condition which reads as follows: (3) The balcony of the tower structure shall not be used for any purpose other than the cleaning and maintenance of that structure. (4) The exhibits are returned. Catchwords: Whether deferred commencement consent condition is satisfied; rural character; overlooking and over-viewing; amenity. Legislation Cited: Environmental Planning and Assessment Act 1979; Hawkesbury Local Environmental Plan 1989. Cases Cited: Progress and Security [1988] 66 LGRA Texts Cited: Hawkesbury Development Control Plan. Category: Principal judgment Parties: C Vella (Applicant) Hawkesbury City Council (Respondent) Representation: Storey & Gough (Applicant) Mr A Pickup Pikes Lawyers (Respondent) Mr S Griffiths File Number(s): 10907 of 2010 10908 of 2010