Johnson Property Group Pty Limited v Cessnock City Council; Mountview Grange 88 Pty Ltd v Cessnock City Council [2021] NSWLEC 1098

Land and Environment Court New South Wales

Medium Neutral Citation: Johnson Property Group Pty Limited v Cessnock City Council; Mountview Grange 88 Pty Ltd v Cessnock City Council [2021] NSWLEC 1098 Hearing dates: 26-28 October 2020 and 5 February 2021 Date of orders: 26 March 2021 Decision date: 09 March 2021 Jurisdiction: Class 1 Before: Horton C Decision: See directions at [148]–[149] Proceedings 2019/275365 See orders at [151] Proceedings 2019/275377 See orders at [152] Proceedings 2019/219259 See orders at [153] Catchwords: DEVELOPMENT APPLICATION – Bellbird North Urban Release area – integrated development – subdivision of land – deemed refusal – conditions of a kind allowed by a contributions plan – impacts on state roads Legislation Cited: Cessnock Local Environmental Plan 2011 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 National Parks and Wildlife Act 1974 State Environmental Planning Policy No 55—Remediation of Land Cases Cited: Blacktown City Council v Satmell Holdings Pty Ltd [2019] NSWLEC 93 Texts Cited: Cessnock Development Control Plan 2011 Environmental Planning and Assessment (Local Infrastructure Contributions) Direction 2012 North Bellbird Precinct Plan Recreation and Open Space Strategic Plan Category: Principal judgment Parties: Proceedings 2019/275365; 2019/275377 Johnson Property Group Pty Limited (Applicant) Cessnock City Council (Respondent)