Petherick v Hawkesbury City Council [2026] NSWLEC 1349
Before: Kullen AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of development application No DA0035/25 (the DA) for alterations and additions to an existing pub on land identified as Lot 21 in DP 832826 and known as 13 Bells Line of Road, North Richmond, 2754 (the site). The parties advise that the existing pub was constructed in the 1930’s. Evidence of earlier built form elements of a pub on the site was observed at the on-site view
Catchwords
DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – orders
Outcome
The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the costs of the Respondent that have been thrown away as a result of the amendment of the development application, in the agreed amount of $4,000. (2) The appeal is upheld. (3) Development consent is granted to Development Application No DA0035/25 as amended for alterations and additions to an existing hotel including the use of the first floor for dining and bar facilities, installation of a lift, and internal alterations to the ground floor including the use of an existing kitchen area on land legally described as Lot 21 DP 832826, and known as 13 Bells Line of Road, North Richmond NSW 2754, subject to the conditions at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 4.17, 8.7, 8.15, Sch 1, Div 2, s 7 Fisheries Act 1994 (NSW) Land and Environment Court Act 1979 (NSW), s 34 Water Management Act 2000 (NSW) Environmental Planning and Assessment Regulation 2021, s 38 Hawkesbury Local Environmental Plan 2012, cll 2.2, 2.3, 4.3, 4.4, 5.10, 5.21, 6.1, 6.7 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.122, Sch 3
Read the full judgment
Authoritative text on NSW Caselaw · ~26k words
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