Zoe May Pty Ltd v Maitland City Council [2021] NSWLEC 1799

Land and Environment Court New South Wales

Medium Neutral Citation: Zoe May Pty Ltd v Maitland City Council [2021] NSWLEC 1799 Hearing dates: Conciliation conference 7 December 2021 Date of orders: 12 January 2022 Decision date: 12 January 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application DA18/1394 for the demolition of two existing dwelling houses and the construction of a part three storey, part two storey boarding house comprising of 31 boarding rooms and one managers residence on land legally identified as Lot 11 and Lot 12 in Deposited Plan 246016 and known as 21 and 22 Burnham Close, Thornton subject to the conditions of consent contained at Annexure A to this agreement. (3) The Applicant is to pay the Respondent's costs thrown away, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, agree in the amount of $12,500 within 28 days. Catchwords: DEVELOPMENT APPLICATION – demolition and construction of new boarding house – amended plans – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 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, cll 2.3, 2.7, 7.2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 28, 30, 30AState Environmental Planning Policy (Housing) 2021, Sch 7, cl 2 Category: Principal judgment Parties: Zoe May Pty Ltd (Applicant) Maitland City Council (Respondent) Representation: Counsel: A Spizzo (Solicitor) (Applicant) N Simmon (Solicitor) (Respondent)