Stanford Main No. 2 Pty Ltd v Cessnock City Council [2021] NSWLEC 1521

Land and Environment Court New South Wales

Medium Neutral Citation: Stanford Main No. 2 Pty Ltd v Cessnock City Council [2021] NSWLEC 1521 Hearing dates: Conciliation conference on 30 August 2021 Date of orders: 6 September 2021 Decision date: 06 September 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 8/2020/20648/1, for a two lot boundary adjustment and heritage conservation works to existing buildings on the land at 53 and 63 Milfield Road, Paxton (Lots 3 and 4 in DP 1181682) is approved, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – boundary adjustment between existing lots – local heritage item – conciliation conference – agreement between the parties – orders Legislation Cited: Cessnock Local Environmental Plan 2011, cll 2.6, 4.1, 5.10 Environmental Planning and Assessment Act 1979, s 4.16 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Texts Cited: NSW Rural Fire Service, Planning for Bushfire Protection, 2019 Category: Principal judgment Parties: Stanford Main No. 2 Pty Ltd (Applicant) Cessnock City Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) L Mulligan (Solicitor) (Respondent)

Solicitors: Mills Oakley (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2020/359057 Publication restriction: Nil