Platform Project Services Pty Ltd v MidCoast Council [2022] NSWLEC 1126

Land and Environment Court New South Wales

Medium Neutral Citation: Platform Project Services Pty Ltd v MidCoast Council [2022] NSWLEC 1126 Hearing dates: Conciliation conference on 19 November 2021, 15 December 2021, 31 January 2022, and 25 February 2022 Final agreement filed 24 February 2022 Date of orders: 10 March 2022 Decision date: 10 March 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA2021/1080 and rely on the amended plans and documents listed at Condition 1 of Annexure A. (2) Pursuant to Section 8.15(3) of the EPA Act, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application as agreed or assessed. (3) The appeal is upheld. Consent is granted to Development Application DA2021/1080 for a multi-dwelling housing development comprising three, two-storey townhouses on land described as Lot 90 in DP200167 and known as 157 Boomerang Drive, Boomerang Beach NSW, subject to the conditions of consent contained at Annexure A. Catchwords: DEVELOPMENT APPLICATION – multi-dwelling housing development – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 2.22, 4.15, 4.16, 8.15, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Great Lakes Local Environmental Plan 2014, cll 2.3, 4.3, 4.4, 7.1, 7.2 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) Category: Principal judgment Parties: Platform Project Services Pty Ltd (Applicant) MidCoast Council (Respondent) Representation: Counsel: A Sattler (Solicitor) (Applicant) T Pickup (Solicitor) (Respondent)