CJHA Pty Ltd v Mid-Coast Council [2021] NSWLEC 1539

Land and Environment Court New South Wales

Medium Neutral Citation: CJHA Pty Ltd v Mid-Coast Council [2021] NSWLEC 1539 Hearing dates: 6 September 2021 Date of orders: 29 September 2021 Decision date: 29 September 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant's written request to contravene the height of building standard at cl 4.3 of the Great Lakes Local Environmental Plan 2014, pursuant to cl 4.6 of the Great Lakes Local Environmental Plan 2014, is upheld. (2) The appeal is upheld. (3) Development consent is granted to Development Application No 283/2019 for consolidation of lots, residential flat building and 2 lot Torrens title subdivision and strata subdivision at 12 Yamba Street, Hawks Nest, subject to conditions at Annexure A. (4) All exhibits are returned, except for Exhibits A, B, C, D, E, 6 and 7. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – residential flat building – State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development – height of buildings – conditions of consent Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 3, 50, 55 Great Lakes Local Environmental Plan 2014, cll 4.1, 4.1D, 4.3, 4.6, 7.1, 7.2, 7.5, 7.9, 7.21 Land and Environment Court Act 1979, s 39

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Coastal Management) 2018, cll 13, 14, 15, 16 State Environmental Planning Policy No 55—Remediation of Land, cl 7