PRJM Pty Ltd v Hawkesbury City Council [2020] NSWLEC 1187

Land and Environment Court New South Wales

Medium Neutral Citation: PRJM Pty Ltd v Hawkesbury City Council [2020] NSWLEC 1187 Hearing dates: 2 to 6 December 2019 Date of orders: 22 April 2020 Decision date: 22 April 2020 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The appeal is dismissed. (2) Development application DA0560/19, for demolition of existing structures, and construction of a 98 site caravan park at 66 Wattle Crescent, Glossodia, is determined by the refusal. (3) The exhibits are returned, except Exhibits A, D and 2. Catchwords: DEVELOPMENT APPLICATION – caravan park – whether proposed development is compatible with character of local area – whether location and character make site particularly suitable for a caravan park – whether necessary facilities and services are reasonably available and accessible to future occupants of caravan park – consideration of road widths – consideration of contamination of site Legislation Cited: Environmental Planning and Assessment Act 1979 Hawkesbury Local Environment Plan 2012 Land and Environment Court Act 1979 Local Government Act 1993 Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 State Environmental Planning Policy No 21—Caravan Parks State Environmental Planning Policy No 55—Remediation of Land Cases Cited: PRJM Pty Ltd v Hawkesbury City Council [2016] NSWLEC 1217 Segal v Waverley Council (2005) 64 NSWLR 177; [2005] NSWCA 310 Texts Cited: Commonwealth Department of Housing and Regional Development, Australian Model Code for Residential Development (AMCORD)—A National Resource Document for Residential Development (1995, Australian Government Publishing Service) Hassell, Hawkesbury Residential Land Strategy (2011, Hawkesbury City Council) Hawkesbury Development Control Plan 2002 Macquarie dictionary on-line edition (accessed 17 April 2020) Category: Principal judgment Parties: PRJM Pty Ltd (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: P Tomasetti (Applicant) A Seton (Solicitor) (Respondent)