Roter Sand Pty Ltd v Maitland City Council [2021] NSWLEC 1750

Land and Environment Court New South Wales

Medium Neutral Citation: Roter Sand Pty Ltd v Maitland City Council [2021] NSWLEC 1750 Hearing dates: Conciliation conferences on 19 October 2021, 4 November 2021, 22 November 2021, 24 November 2021, 1 December 2021 Date of orders: 8 December 2021 Decision date: 08 December 2021 Jurisdiction: Class 1 Before: Clay AC Decision: I make the following orders: 1) The applicant is to pay the Council's costs thrown away as a result of the amendment to the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed in the sum of $7,000 within 28 days. 2) The appeal is upheld. 3) Development consent is granted to Development Application No. 2020-169 (DA) for the construction of a manufactured home estate comprising 126 dwellings on the land known as Lots 1 and 2 DP302745 and Lot 1116 DP1256955 457 – 463 Cessnock Road, Gillieston Heights subject to the conditions contained at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – manufactured home estate – conciliation – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Maitland Local Environmental Plan 2011 State Environmental Planning Policy – Housing (SEPP Housing) State Environmental Planning Policy 36 – Manufactured Home Estates State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy (Koala Habitat Protection) 2020 State Environmental Planning Policy No 55— Remediation of Land, cl 7 Category: Principal judgment Parties: Roter Sand Pty Ltd (Applicant) Maitland City Council (Respondent) Representation: Counsel: A McKelvey (Solicitor) (Applicant) J Fan (Solicitor) (Respondent)