Meineke v Lismore City Council [2022] NSWLEC 1324

Land and Environment Court New South Wales

Medium Neutral Citation: Meineke v Lismore City Council [2022] NSWLEC 1324 Hearing dates: Conciliation conference on 17 June 2022 Date of orders: 23 June 2022 Decision date: 23 June 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: Orders – see [16]. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, ss 1.5, 7.3, 7.4, 7.7, 7.13 Biodiversity Conservation Regulation 2017, cll 7.1, 7.3 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.46, 8.7, 8.14 Environmental Planning and Assessment Regulation 2000, cll 55, 77 Land and Environment Court Act 1979, s 34 Lismore Local Environmental Plan 2012, cll 2.3, 2.6, 4.1, 5.10, 5.21, 6.1, 6.2, 6.4 Roads Act 1993, s 138 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, cl 4.16 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy (Koala Habitat Protection) 2020, Pt 3, cl 10 State Environmental Planning Policy (Koala Habitat Protection) 2021, cl 18 State Environmental Planning Policy No 55 - Remediation of Land, cl 7 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Transport and Infrastructure), cl 2.118 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (February, 2022) Lismore Council, Comprehensive Koala Plan of Management for south-east Lismore (February, 2013) NSW Rural Fire Service, Planning for Bushfire Protection - a guide for councils, planners, fire authorities and developers (November, 2019) Category: Principal judgment Parties: Graham Peter Meineke trading as GM Project Development and Management (Applicant) Lismore City Council (Respondent) Representation: Counsel A Hemmings (Applicant) A Seton (Solicitor) (Respondent)