Micallef v Hawkesbury City Council [2026] NSWLEC 1206
Before: Washington C · NSW Land and Environment Court
Summary
DEVELOPMENT APPLICATION – alterations and additions to a warehouse building – construction of warehouse buildings – conciliation conference – agreement between the parties – orders
Catchwords
DEVELOPMENT APPLICATION – alterations and additions to a warehouse building – construction of warehouse buildings – conciliation conference – agreement between the parties – orders
Outcome
The Court orders: (1) The appeal is upheld. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent’s costs thrown away as a result of the amendments to the development application, in the agreed amount of $10,000.00, within 21 days of the date these orders are made. (3) Development Application No. DA0140/23, as amended, for alterations to an existing warehouse building, demolition of remaining existing structures, tree removal, construction of 3 warehouse buildings resulting in a total of 11 units across the site and associated carparking and strata subdivision on the land at 62 Drummond Street, South Windsor is determined by a grant of consent subject to conditions contained in Annexure A.
Legislation cited
Biodiversity Conservation Act 2016 (NSW), ss 7.2, 7.3, 7.7 Environmental Planning and Assessment Act 1979 (NSW), ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979 (NSW) NSW Reconstruction Authority Act 2022 (NSW), s 38 Environmental Planning and Assessment Regulations (NSW), s 38 Hawkesbury Local Environmental Plan 2012, cll 6.1, 6.2, 6.4, 6.7 State Environmental Planning Policy (Biodiversity Conservation) 2021, Ch 4, 6, ss 4.9, 6.6, 6.7, 6.8, 6.9, 6.10, Sch 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6
Read the full judgment
Authoritative text on NSW Caselaw · ~14k words
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