Moon v Lake Macquarie City Council [2023] NSWLEC 1016

Land and Environment Court New South Wales

Medium Neutral Citation: Moon v Lake Macquarie City Council [2023] NSWLEC 1016 Hearing dates: Conciliation on 26 October, 23 November, 13 and 16 December 2022 Date of orders: 17 January 2023 Decision date: 17 January 2023 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders: (1) The Applicants are to pay those costs of the Respondent that have been thrown away as a result of the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (2) The appeal is upheld. (3) Development consent is granted to Development Application DA/1463/2021 for the subdivision of the land described as Lots 23, 24, 25 and 26 Section 11 DP 1996 and known as 7 and 11 Argyle St Bonnells Bay in accordance with the Community Land Development Act 2021 subject to the conditions in Annexure A. Catchwords: APPEAL – development application – residential subdivision – conciliation conference – agreement reached – orders made Legislation Cited: Community Land Development Act 2021 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.10 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Environmental Planning and Assessment Regulation 2021, Sch 6 Pt 1 s 3 Land and Environment Court Act 1979, ss 34, 34AA Lake Macquarie Local Environmental Plan 2014, cll 2.3, 2.6, 4.1, 4.1AA, 4.1A, 7.1, 7.21 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Lake Macquarie Development Control Plan 2014 Category: Principal judgment Parties: Joanne Moon and Ian Moon (Applicants) Lake Macquarie City Council (Respondent) Representation: Counsel: P Jayne (Solicitor) (Applicant) J McKelvey (Respondent)