Sivathas v Cessnock City Council [2020] NSWLEC 1296

Land and Environment Court New South Wales

Medium Neutral Citation: Sivathas v Cessnock City Council [2020] NSWLEC 1296 Hearing dates: 9 July 2020 Date of orders: 14 July 2020 Decision date: 14 July 2020 Jurisdiction: Class 1 Before: Morris AC Decision: See orders at [34] below Catchwords: DEVELOPMENT APPLICATION – consent orders – boarding house Legislation Cited: Cessnock Local Environmental Plan 2011 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Texts Cited: Cessnock Development Control Plan 2010 Category: Principal judgment Parties: Sharmini Sivathas (Applicant) Cessnock City Council (Respondent) Representation: Counsel: P Vergotis (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)

Solicitors: McCabe Curwood Pty Ltd (Applicant) Marsdens Law Group (Respondent) File Number(s): 2019/48676 Publication restriction: Nil

Judgment 1. COMMISSIONER: Development Application No. 8/2018/261/1 was lodged with Cessnock City Council (Council) on 3 May 2018 seeking consent for demolition of an existing dwelling and structures and construction of a two-storey boarding house containing twenty single boarding rooms, one manager's residence, communal spaces and on-site parking. 2. Following a conciliation conference held on 5 November 2019 where I was the presiding commissioner, the applicant has prepared amended plans for which leave to amend the application was granted on 30 May 2020. Further details have been provided and leave sought by the applicant to rely on those plans and information. 3. The parties agree these plans address all of the contentions in the case and are seeking consent orders from the Court.