Elwaw v Kiama Municipal Council [2022] NSWLEC 1395

Land and Environment Court New South Wales

Medium Neutral Citation: Elwaw v Kiama Municipal Council [2022] NSWLEC 1395 Hearing dates: Conciliation conference on 6 and 21 June 2022, 1, 5 and 6 July 2022 Date of orders: 25 July 2022 Decision date: 25 July 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The appeal is upheld. (2) The clause 4.6 request seeking to vary the minimum lot size for erection of a dwelling house development standard (cl 4.2A of Kiama Local Environmental Plan 2011) prepared by Chapman Planning Pty Ltd dated 3 July 2022 is upheld. (3) Development Application DA 10.2020.190.1 for the construction of a dwelling house and secondary dwelling, pools (x2), driveway and associated landscaping at 16 Crooked River Road, Gerroa is determined by the grant of consent subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPEAL – residential – cl 4.6 written request to justify contravention of development standard of minimum lot size - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.4, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000 Environmental Planning and Assessment Regulation 2021 Kiama Local Environmental Plan 2011, cll 4.2A, 4.6 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009 cl 30AA State Environmental Planning Policy (Resilience and Hazards) 2021 Cases Cited: Canterbury Bankstown Council v Dib [2022] NSWLEC 79 Category: Principal judgment Parties: Anthony Elwaw (Applicant) Kiama Municipal Council (Respondent) Representation: Counsel: N Eastman SC (Applicant) H Irish (Respondent)