NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Cornish Group No. Six Pty Ltd v Dungog Shire Council [2022] NSWLEC 1637 Hearing dates: Conciliation conference on 7 November 2022 Date of orders: 16 November 2022 Decision date: 16 November 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Modification Application No. 36/2019/3 to modify Development Consent 36/2019 is approved. (3) Development Consent 36/2019 is modified in the terms in Annexure A. (4) As a consequence of order (3), Development Consent 36/2019 is subject to the consolidated modified conditions set out in Annexure B. Catchwords: APPEAL – modification application – modification concerning access to an adjacent property – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Environmental Planning and Assessment Regulation 2021, cl 113 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: Cornish Group No. Six Pty Ltd (Applicant) Dungog Shire Council (Respondent) Representation: Counsel: A Seton (Solicitor) (Applicant) D Gunter (Solicitor) (Respondent)
Solicitors: Marsdens Law Group (Applicant) Spark Helmore (Respondent) File Number(s): 2022/250654 Publication restriction: Nil
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