Kavanagh v Hawkesbury City Council [2020] NSWLEC 1003

Land and Environment Court New South Wales

Medium Neutral Citation: Kavanagh v Hawkesbury City Council [2020] NSWLEC 1003 Hearing dates: 20-21 November 2019 Date of orders: 07 January 2020 Decision date: 07 January 2020 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The appeal is dismissed. (2) Development application DA0187/17 for the construction of a two storey dwelling house, and associated works, is determined by refusal. (3) The exhibits are returned, with the exception of Exhibits A and 1. Catchwords: DEVELOPMENT APPLICATION – proposed construction of a dwelling house with on-site sewage disposal – Subject Site is flood liable land – Court cannot be satisfied that flooding risk to property and life is managed – insufficient information to assess adequacy of proposed sewage management Legislation Cited: Environmental Planning and Assessment Act 1979 Hawkesbury Local Environmental Plan 2012 Land and Environment Court Act 1979 Sydney Regional Environment Plan No. 20 – Hawkesbury-Nepean River (No.2 – 1997) Texts Cited: Environmental Health Protection Guidelines – On-site Sewage Management for Single Households, NSW Department of Local Government, 1998 Hawkesbury Development Control Plan 2002 Standards Australia, Standards Catalogue: On-site domestic wastewater management , AS 1547-2012 Category: Principal judgment Parties: Stephen Kavanagh (First Applicant) Matilda Kavanagh (Second Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: Stephen Kavanagh (Applicants) (self- represented) J Smith (Respondent)