Land and Environment Court New South Wales Medium Neutral Citation: Smithers v Kiama Municipal Council (No 2) [2021] NSWLEC 1385 Hearing dates: 15-16 March 2021 Date of orders: 5 July 2021 Decision date: 05 July 2021 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application 10.2018.196.1 for the demolition of the existing dwelling and construction of three (3) dwellings and three (3) lot Torrens Title Subdivision at 5 Pacific Street, Kiama, Lot 21 DP 1218589, subject to the conditions set out in Annexure A. (3) The exhibits are returned, except for exhibits A, B, E, F and 3. Catchwords: DEVELOPMENT APPLICATION – Torrens Title subdivision – construction of three detached dwellings – view loss Legislation Cited: Environmental Planning and Assessment Regulation 2000, reg 55 Cases Cited: Smithers v Kiama Municipal Council [2021] NSWLEC 1348 Category: Principal judgment Parties: Nicole Smithers (Applicant) Kiama Municipal Council (Respondent) Representation: Counsel: M Mantei (Solicitor) (Applicant) J Fan (Solicitor) (Respondent) Solicitors: Michael Mantei Planning Law Solutions (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2019/400831 Publication restriction: No Judgment Introduction 1. COMMISSIONER: On 15 June 2021 I handed down my reasons for judgment in the Class 1 appeal (Smithers v Kiama Municipal Council [2021] NSWLEC 1348). I directed the Applicant to make amendments to the architectural drawings in accordance with my reasons for judgment and for the Council to update and file conditions of consent. The applicant has made the necessary revisions, and having reviewed the drawings and conditions, I am satisfied that the amended application accords with my judgment. Having regard to Environmental Planning and Assessment Regulation 2000 reg 55, I am further satisfied that the proposed development as amended is substantially the same as the notified development application. 2. The Court orders that: 1. The appeal is upheld. 2. Development consent is granted to development application 10.2018.196.1 for the demolition of the existing dwelling and construction of three (3) dwellings and three (3) lot Torrens Title Subdivision at 5 Pacific Street, Kiama, Lot 21 DP 1218589, subject to the conditions set out in Annexure A. 3. The exhibits are returned, except for exhibits A, B, E, F and 3. …………………………. Emma Washington Acting Commissioner of the Court Annexure A (248282, pdf) Plans (25317033, pdf) ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 05 July 2021