Vella v Hawkesbury City Council [2020] NSWLEC 1199

Land and Environment Court New South Wales

Medium Neutral Citation: Vella v Hawkesbury City Council [2020] NSWLEC 1199 Hearing dates: 22 April 2020 Date of orders: 14 May 2020 Decision date: 14 May 2020 Jurisdiction: Class 1 Before: Peatman AC Decision: Refer to Orders at [74] and [75] Catchwords: DEVELOPMENT APPLICATION – for the use of an awning addition attached to an outbuilding – floor area/area – overdevelopment – dominance in the streetscape or rural setting – visual prominence – cumulative impact – land use conflicts – amenity and public interest

BUILDING INFORMATION CERTIFICATE – approval for a partially built awning attached to an outbuilding Legislation Cited: Environmental Planning and Assessment Act 1979 Hawkesbury Development Control Plan 2002 Hawkesbury Local Environmental Plan 2012 Land and Environment Court Act 1979 Cases Cited: Davies v Penrith City Council [2013] NSWLEC 1141 Goldin v Minister for Transport [2002] NSWLEC 75 Trinvass Pty Ltd v Council of the City of Sydney [2015] NSWLEC 151 Zhang v Canterbury City Council (2001) 115 LGERA 373; [2001] NSWCA 167 Texts Cited: Commonwealth, Parliamentary Debates, Legislative Assembly, Environmental Planning and Assessment Amendment Bill 2012, 24 October 2012, (Brad Hazzard, Minister for Planning and Infrastructure and Minister Assisting the Premier on Infrastructure) Hawkesbury Development Control Plan 2002 Macquarie Dictionary (Version not identified) Category: Principal judgment Parties: Eucharist Vella (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: A Gough (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)