Braams v Lake Macquarie City Council [2021] NSWLEC 1085

Land and Environment Court New South Wales

Medium Neutral Citation: Braams v Lake Macquarie City Council [2021] NSWLEC 1085 Hearing dates: 14 January 2021 Date of orders: 19 February 2021 Decision date: 19 February 2021 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is granted leave to amend the application to rely upon the amended architectural plans referred to in Condition 2 of Annexure A. (2) The appeal is upheld. (3) Development Application No. DA/1513/2019 for demolition of existing structures, alterations and additions to existing dwelling, construction of multi dwelling housing comprising 11 dwellings, construction of pool and subdivision is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing – alterations and additions – conciliation agreement – agreement between the parties – orders Legislation Cited: Coal Mine Subsidence Compensation Act 2017, s 22 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 49, Sch 1 Lake Macquarie Local Environmental Plan 2014, cll 4.3, 5.10, 7.1, 7.2, 7.21 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Infrastructure) 2007, cll 85, 45 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Category: Principal judgment Parties: Garry Braams (Applicant) Lake Macquarie City Council (Respondent) Representation: Counsel: A Sattler (Solicitor) (Applicant) M Smith (Solicitor) (Respondent)