Lexosu Pty Ltd v Wollongong City Council [2022] NSWLEC 1664

Land and Environment Court New South Wales

Medium Neutral Citation: Lexosu Pty Ltd v Wollongong City Council [2022] NSWLEC 1664 Hearing dates: Conciliation conference on 25 October 2022 Date of orders: 01 December 2022 Decision date: 01 December 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. RD-2020/275/A for a three lot Torrens title subdivision of land legally described as Lot 5 DP 1132746 at North Marshall Mount Road, Marshall Mount, is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000 cl 55 Environmental Planning and Assessment Regulation 2021 cl 3 Sch 6 Land and Environment Court Act 1979 s 34 Rural Fires Act 1997 s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021 cll 3.9, 4.9 State Environmental Planning Policy Resilience and Hazards 2021 cl 4.6 Wollongong Local Environmental Plan 2009 cll 2.6, 4.1, 4.2A, 7.2, 7.3, 7.6, 7.8, Sch 5 Texts Cited: Planning for Bushfire Protection 2019 Category: Principal judgment Parties: Lexosu Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: M Mantei (Solicitor) (Applicant) E Kilpatrick (Solicitor) (Respondent)