Hatt Pty Ltd & Mararch Dev (Richmond) Pty. Ltd & Redbank Unit Trust & Wengor Dev (Richmond) Pty. Ltd trading as Redbank Communities v Hawkesbury City Council [2019] NSWLEC 1528

Land and Environment Court New South Wales

Medium Neutral Citation: Hatt Pty Ltd & Mararch Dev (Richmond) Pty. Ltd & Redbank Unit Trust & Wengor Dev (Richmond) Pty. Ltd trading as Redbank Communities v Hawkesbury City Council [2019] NSWLEC 1528 Hearing dates: Conciliation conference on 30 August 2019; 18 October 2019 Date of orders: 31 October 2019 Decision date: 31 October 2019 Jurisdiction: Class 1 Before: Smithson C Decision: The Court orders: (1) Leave is granted to the applicant to rely on the amended plans and documents listed in Condition 1 under the heading "General Conditions" of the conditions annexed and marked "A". (2) The applicant is to pay the Council's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $7,500 within 28 days of the date of the orders. (3) The appeal is upheld. (4) Development Application No. 0334/2018 for the construction of a café, function centre, town square, landscaping, car park, play area, private road and associated infrastructure at 86 Arthur Phillip Drive, North Richmond is approved subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – concept plan and Stage 1 application for neighbourhood centre – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Hawkesbury Local Environmental Plan 2012 Heritage Act 1977 Land and Environment Court Act 1979 Texts Cited: Hawkesbury Development Control Plan 2002 Category: Principal judgment Parties: Hatt Pty Ltd & Mararch Dev (Richmond) Pty. Ltd & Redbank Unit Trust & Wengor Dev (Richmond) Pty. Ltd trading as Redbank Communities (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: S Duggan SC (Applicant) P Hudson (Solicitor) (Respondent)