Polvere v Muswellbrook Shire Council [2021] NSWLEC 1550

Land and Environment Court New South Wales

Medium Neutral Citation: Polvere v Muswellbrook Shire Council [2021] NSWLEC 1550 Hearing dates: Conciliation Conference on 27 July 2021 Date of orders: 22 September 2021 Decision date: 22 September 2021 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. 2021/26 for a change of use of an existing thirty- six (36) bed aged care facility to a forty-four (44) room boarding house including associated alterations and additions together with the change of use of the existing fourteen (14) independent seniors living units to dual occupancy dwellings at 59 Tindale Street, Muswellbrook (Lot 2 DP 1070178) subject to the conditions of consent in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – change of use – boarding house and dual occupancy residential development – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 49 Land and Environment Court Act 1979, s 34 Muswellbrook Local Environmental Plan 2009, cl 7.6 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 26, 30 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Category: Principal judgment Parties: Tony Polvere (Applicant) Muswellbrook Shire Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) M Brothers (Solicitor) (Respondent)