Marsden v Clarence Valley Council [2023] NSWLEC 1111

Land and Environment Court New South Wales

Medium Neutral Citation: Marsden v Clarence Valley Council [2023] NSWLEC 1111 Hearing dates: Conciliation conference on 28 February 2023 Date of orders: 14 March 2023 Decision date: 14 March 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The Applicant is granted leave to amend the application, to rely on amended plans listed at condition 2.1 of the conditions of consent at Annexure A. (2) The appeal is upheld. (3) Development Application No 2021/0303 for the construction of a two-storey dwelling house, at 5 Carrington Street, Palmers Island, is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – construction of a two-storey dwelling house – conciliation conference – agreement between the parties - orders Legislation Cited: Clarence Valley Local Environmental Plan 2011 cl 5.21, 7.6 Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 55, 55AA, 121B Environmental Planning and Assessment Regulation 2021, Sch 6 s 3 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Resilience and Hazards) 2021, s 2.10 Category: Principal judgment Parties: Gay Marsden (Applicant) Clarence Valley Council (Respondent) Representation: Counsel: R Fox (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)