PRJM Pty Ltd v Hawkesbury City Council (No.2) [2017] NSWLEC 1434

PRJM Pty Ltd v Hawkesbury City Council (No.2) [2017] NSWLEC 1434

Approval is granted for the proposed subdivision but on terms (including conditions) different from those suggested by both parties. Condition 27 must require an IPART licence prior to any Construction Certificate, as this aligns with the requirement in the Hawkesbury Local Environmental Plan to ensure reticulated sewerage arrangements are established at the time of lot creation.

Jurisdiction
Australia
Judgment Date
15 August 2017
Procedural Posture
Appeal Against Refusal of Development Application / Final Judgment and Orders
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
['development Application' 'subdivision' 'local Environmental Plan' 'sewage Management' 'water Supply' 'stormwater Disposal' 'waste Collection' 'road Access']
['environmental and Planning Law'] ['development Application' 'subdivision' 'local Environmental Plan' 'sewage Management' 'water Supply' 'stormwater Disposal' 'waste Collection' 'road Access']

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Procedural Posture

Appeal Against Refusal of Development Application / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether the proposed 37 lot subdivision meets the objectives and aims of the local environmental plan' 'Adequacy of arrangements for sewerage, water supply, stormwater disposal, waste collection and road access' 'Appropriate method and conditions for disposal of sewage']

Ratio Decidendi

Approval is granted for the proposed subdivision but on terms (including conditions) different from those suggested by both parties. Condition 27 must require an IPART licence prior to any Construction Certificate, as this aligns with the requirement in the Hawkesbury Local Environmental Plan to ensure reticulated sewerage arrangements are established at the time of lot creation.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • ['The appeal is upheld.' 'Development Application DA0830/15 for a 37 lot community title subdivision at 67 Kurrajong Road, Kurrajong is approved subject to the conditions in Annexure A.' 'The exhibits are returned with the exception of exhibits 1, B, C and D.']