Marshall Rural Pty Ltd v Hawkesbury City Council (No 2)

Land and Environment Court New South Wales Medium Neutral Citation: Marshall Rural Pty Limited v Hawkesbury City Council and Ors (No 2) [2015] NSWLEC 210 Hearing dates:18 December 2015Date of orders: 18 December 2015 Decision date: 18 December 2015 Jurisdiction:Class 4Before: Moore AJ Decision: At [21] Catchwords: DEVELOPMENT CONSENTS – successful challenge to validity – terms of declaratory relief – exercise of discretion as to operative date of prohibition – impacts on innocent proposed users of facilities if immediate prohibition – amelioration of adverse impacts on neighbours – charitable donation to address “unjust enrichment” – discretion exercised. Legislation Cited: Environmental Planning and Assessment Act 1979 Hawkesbury Local Environmental Plan 2012 Cases Cited: Marshall Rural Pty Limited v Hawkesbury City Council and Ors [2015] NSWLEC 197 Category:Consequential orders (other than Costs)Parties: Marshall Rural (Applicant) Hawkesbury City Council (First Respondent) Basscave Pty Ltd (Second Respondent) Argosy Agricultural Group Pty Ltd (Third Respondent) Representation: Counsel: Mr S Fitzpatrick (Applicant) Mr A Knox, solicitor (First Respondent) Mr C Leggat SC/Ms J McKelvey (Second and Third Respondents)   Solicitors: Hall & Wilcox (Applicant) Pikes & Verekers (First Respondent) Doyle Wilson Solicitors (Second and Third Respondents) File Number(s):40644 of 2015Publication restriction:NoJudgment HIS HONOUR: Earlier this week I gave a decision in these proceedings (see Marshall Rural Pty Limited v Hawkesbury City Council and Ors [2015] NSWLEC 197) in which I held, on two separate bases, that the development consents granted to the Second Respondent for the temporary use of the Polo Barn as a “function centre” and...