Universal Property Group v Kiama Municipal Council [2022] NSWLEC 1634

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group v Kiama Municipal Council [2022] NSWLEC 1634 Hearing dates: 30 September, 5 and 12 October 2022 Date of orders: 16 November 2022 Decision date: 16 November 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant is to pay the Council's costs in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the sum of $14,000 within 28 days of the date of these orders. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. 10.2021.361.1, as amended, for the subdivision of land into 11 Torrens title lots, demolition of existing bollards located at the end of Barton Drive, relocation of a power pole and power line, construction of road access, provision of stormwater infrastructure, landscaping and earthworks on land legally described as Lot 12 in DP1122990 and known as Lot 12 Barton Drive, Kiama Downs, NSW, 2533, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environment Planning and Assessment Regulation 2000). cl 55 Kiama Local Environmental Plan 2011, cll 2.3, 2.6, 2.7, 4.1, 5.21, 6.2, 6.5, 6.12 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, cll 2.11, 4.6 Texts Cited: Kiama Development Control Plan 2020 Kiama Municipal Council, Community Participation Plan (2019) Land and Environment Court of NSW COVID-19 Pandemic Arrangements Policy (April 2021) Category: Principal judgment Parties: Universal Property Group (Applicant) Kiama Municipal Council (Respondent) Representation: Counsel: E Fleming (Solicitor)(Applicants) P Hudson (Solicitor)(Respondent)