Waite v Port Macquarie-Hastings Council [2020] NSWLEC 1303

Land and Environment Court New South Wales

Medium Neutral Citation: Waite v Port Macquarie-Hastings Council [2020] NSWLEC 1303 Hearing dates: Conciliation conference on 3 July 2020 Date of orders: 15 July 2020 Decision date: 15 July 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) By consent, pursuant to s 64(1)(b) of the Civil Procedure Act 2005, the Applicant is granted leave to amend the Class 1 application such that the proceedings are commenced under s 8.9 of the Environmental Planning and Assessment Act 1979 in relation to the Applicants' dissatisfaction with the determination of the Respondent to approve Modification Application No. DA 010.2017.1042.001 ('Application'). (2) The appeal is upheld. (3) The Application for the modification of Development Consent No. 2017/1042 ('Consent'), in relation to 2325 Oxley Highway, Wauchope, is approved such that the Consent is modified by deleting conditions E3 and E4. (4) As consequence of 3 above, the Consent is now subject to the modified conditions of consent as set out at Annexure A. Catchwords: MODIFICATION APPLICATION – conciliation conference – deletion of conditions of consent –agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Water Management Act 2000 Category: Principal judgment Parties: David Peter Waite (First Applicant) Alison Michelle Waite (Second Applicant) Port Macquarie-Hastings Council (Respondent) Representation: Counsel: D Williams (Solicitor) (Applicants) M Harker (Solicitor) (Respondent)