Ogg v Hawkesbury City Council

Land and Environment Court New South Wales Medium Neutral Citation: Ogg v Hawkesbury City Council [2015] NSWLEC 1413 Hearing dates:8 October 2015Date of orders: 15 October 2015 Decision date: 15 October 2015 Jurisdiction:Class 1Before: Morris C Decision: Appeal upheld Catchwords: Subdivision: whether prohibited development Legislation Cited: Hawkesbury Local Environmental Plan 2012; Environmental Planning and Assessment Act 1979; State Environmental Planning Policy No 44 - Koala Habitat; Sydney Regional Environmental Plan No 20 Hawkesbury-Nepean River (No 2—1997) Cases Cited: Alcan (NT) Alumina Pty Limited v Commissioner of Territory Revenue (Northern Territory) (2009) 239 CLR 27; Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; Valuer General v Fivex Pty Ltd [2015] NSWCA 15; Hecar Investments No. 6 Pty Ltd v Lake Macquarie Municipal Council (1984) 53 LGRA 322 Texts Cited: Hawkesbury Development Control Plan Category:Principal judgmentParties: William Ogg (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: Mr A Pickles SC (Applicant)     Solicitors: Ms L Finn, Hones Lawyers (Applicant) Mr S Griffiths, Pike & Verekers Lawyers (Respondent) File Number(s):10381 of 2015Judgment Mr Ogg lodged Development Application DA 716/14 4A with Hawkesbury City Council on 7 November 2014 seeking consent for a two lot Torrens title subdivision. The council had not determined to the application within the prescribed period and Mr Ogg is appealing its deemed to refusal. The site and its context The application relates to land legally described as Lot 1 in Deposited Plan 1038977 known as No 128 Grose River Road, Grose Wold. It is an irregular shaped...