Laurus Projects Pty Ltd v Port Macquarie-Hastings Council [2022] NSWLEC 1497

Land and Environment Court New South Wales

Medium Neutral Citation: Laurus Projects Pty Ltd v Port Macquarie-Hastings Council [2022] NSWLEC 1497 Hearing dates: Conciliation conference on 6 April, 6 and 16 May, 2 and 17 June, 12 August 2022 Date of orders: 15 September 2022 Decision date: 15 September 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant agrees to pay the Second Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $65,000 within 35 days of this agreement being signed by both parties. (2) The appeal is upheld. (3) Development Application DA2021-219.1 for the demolition of existing buildings, construction of a residential flat building comprising 44 units, including basement and ground level car parking, driveway, services, drainage and landscaping, a consolidation of allotments, and strata subdivision at 10 Pacific Drive, Port Macquarie, NSW 2444 (legally described as Lot 1 in DP 538077), 13 Pacific Drive Port Macquarie (legally described as Lot 2 in DP 538077), 16 Pacific Drive, Port Macquarie, NSW 2444 (Legally described as Lot A in DP 441800) and Lot 101 in DP 1244390, is determined by the grant of consent subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION: residential apartment development in R3 Medium Density Residential zone – residential flat building – conciliation conference – agreement between parties - orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 3, 50, 55 Land and Environment Court Act 1979, ss 34, 39 Port Macquarie Hastings Local Environmental Plan 2011, cll 4.3, 4.6, 7.2, 7.4, 7.5, 7.13 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 3, ss 3.3, 3.5 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.8, 4.6 State Environmental Planning Policy No 65 - (Design Quality of Residential Apartment Development), cll 28, 30 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide (July 2015) Category: Principal judgment Parties: Laurus Projects Pty Ltd (Applicant) Port Macquarie-Hastings Council (First Respondent) Northern Regional Planning Panel (Second Respondent) Representation: Counsel: H Kahagalle (Solicitor) (Applicant) H El-Hage (Second Respondent)