Event and Time
Event Description
- Type: Development Application Decision
- Location: 621, 627 and 633 Windsor Road, Vineyard, NSW, 2765
- Date of Hearing: 4 May 2023
- Legislative References: Environmental Planning and Assessment Act 1979 (EPA Act), Land and Environment Court Act 1979 (LEC Act)
Application and Claims
- Application by the party for consent to demolish existing structures and subdivide land into 17 residential Torrens Title lots and 3 residue lots.
- The application followed a deemed refusal by Hawkesbury City Council regarding Development Application No. DA0123/22.
- Specific claims about meeting all relevant jurisdictional prerequisites required for development consent.
Judicial Decisions
- The appeal was upheld.
- Development consent was granted for the application, subject to conditions in Annexure A.
- The application was amended to resolve all relevant contentions, supported by various amended and additional reports.
Dispute Points and Legal Basis
Dispute Points
- Applicant Claims:
- Compliance with planning policies and local environmental provisions. - Submitted multiple reports (e.g., environmental assessments, bushfire assessments). - Affirmed the suitability of land for proposed residential development.
- Council's Position:
- Initially deemed the application refused. - Concerns regarding environmental impact and local infrastructure capabilities.
- Conciliation Conference:
- All parties reached a consensus on various issues leading to a proposed modification of the application. - Agreed upon conditions for development consent.