PRJM Pty Ltd v Hawkesbury City Council (No.2) [2017] NSWLEC 1434

Land and Environment Court New South Wales

Medium Neutral Citation: PRJM Pty Ltd v Hawkesbury City Council (No.2) [2017] NSWLEC 1434 Hearing dates: 8,9,10 February 2017, 1 May 2017, final orders stayed for amended conditions 30 June 2017 Date of orders: 15 August 2017 Decision date: 15 August 2017 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. Development Application DA0830/15 that proposes a 37 lot community title subdivision, including the construction of a new private road, drainage system and installation of a water recycling facility to treat sewage at 67 Kurrajong Road, Kurrajong is approved subject to the conditions in Annexure A. 3. The exhibits are re4turned with the exception of exhibits 1, B,C and D. Catchwords: DEVELOPMENT APPLICATION: subdivision - inconsistent with some aims of the local environmental plan - inconsistent with some objectives of the zone - impact on existing vegetation - inappropriate method of disposal of sewage - inadequate arrangements for water supply, stormwater disposal, waste collection and road access – appropriate conditions of consent Legislation Cited: Environmental Planning and Assessment Act 1979 Hawkesbury Local Environmental Plan 2012 Sydney Regional Environmental Plan No 20-Hawkesbury-Nepean River (No 2-1997) Category: Principal judgment Parties: PRJM Pty Ltd (Applicant) Hawkesbury City Council.(Respondent) Representation: Counsel: Mr P Tomasetti SC (Applicant) Ms R McCullough (Respondent)