Ogg v Hawkesbury City Council [2015] NSWLEC 1413

Land and Environment Court New South Wales

Medium Neutral Citation: Ogg v Hawkesbury City Council [2015] NSWLEC 1413 Hearing dates: 8 October 2015 Date of orders: 15 October 2015 Decision date: 15 October 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: Subdivision: whether prohibited development Legislation Cited: Hawkesbury Local Environmental Plan 2012; Environmental Planning and Assessment Act 1979; State Environmental Planning Policy No 44 - Koala Habitat; Sydney Regional Environmental Plan No 20 Hawkesbury-Nepean River (No 2—1997) Cases Cited: Alcan (NT) Alumina Pty Limited v Commissioner of Territory Revenue (Northern Territory) (2009) 239 CLR 27; Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; Valuer General v Fivex Pty Ltd [2015] NSWCA 15; Hecar Investments No. 6 Pty Ltd v Lake Macquarie Municipal Council (1984) 53 LGRA 322 Texts Cited: Hawkesbury Development Control Plan Category: Principal judgment Parties: William Ogg (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: Mr A Pickles SC (Applicant)

Solicitors: Ms L Finn, Hones Lawyers (Applicant) Mr S Griffiths, Pike & Verekers Lawyers (Respondent) File Number(s): 10381 of 2015

Judgment 1. Mr Ogg lodged Development Application DA 716/14 4A with Hawkesbury City Council on 7 November 2014 seeking consent for a two lot Torrens title subdivision. The council had not determined to the application within the prescribed period and Mr Ogg is appealing its deemed to refusal.