MB Investments Pty Ltd v Hawkesbury City Council [2015] NSWLEC 1361

Land and Environment Court New South Wales

Medium Neutral Citation: MB Investments Pty Ltd v Hawkesbury City Council [2015] NSWLEC 1361 Hearing dates: 12-13 August, 2015 Decision date: 01 September 2015 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. 0476/14 for a two lot subdivision of the land at 16-18 Kaldow Lane, Grose Vale, is approved, subject to the conditions of consent at Annexure 'A'. 3. The exhibits, other than exhibit 1, 5, A and C, are returned. Catchwords: DEVELOPMENT APPLICATION: two lot subdivision; non-compliance with the minimum lot size development standard; whether an exception to the minimum lot size development standard applies to the land; impact of future development of the allotments on remnant stands of Cumberland Plain Woodland on the site; and whether consent for the proposal will set a planning precedent. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Threatened Species Conservation Act 1995 Category: Principal judgment Parties: M & B Investments Pty Ltd (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: Mr T. Robertson SC (Applicant) Mr S. Griffiths solicitor (Respondent) Solicitors: Bennett Legal (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 10229 of 2015

Judgment 1. COMMISSIONER: This is an appeal, pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act), against the refusal of Development Application No. 0476/14 for a two lot subdivision (the proposal) of the land at 16-18 Kaldow Lane, Grose Vale (Lot 1 DP 668098 and Lot 2 DP 1083601) (the site) by Hawkesbury City Council (the Council). 2. The appeal was subject to mandatory conciliation on 12 May 2015, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached during the conciliation phase, the conciliation conference was terminated on 4 June 2015, pursuant to s 34(4) of the LEC Act.