Gupta v Muswellbrook Shire Council [2023] NSWLEC 1135

Land and Environment Court New South Wales

Medium Neutral Citation: Gupta v Muswellbrook Shire Council [2023] NSWLEC 1135 Hearing dates: Conciliation conference on 24 November 2022, 14 December 2022, 17 February 2023 Date of orders: 28 March 2023 Decision date: 28 March 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application DA32/2021 seeking consent for demolition of a dwelling and construction of a two storey boarding house at 41 Maitland Street, Muswellbrook is determined by granting development consent subject to the conditions set out in Annexure 'A'. (3) The Applicant to pay the Respondent's costs in the sum of $5,000.00, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. Catchwords: APPEAL – development application – boarding house – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021 Land and Environment Court Act 1979, s 34 Muswellbrook Local Environmental Plan 2009, cl 5.21 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30, 30A State Environmental Planning Policy (Housing) 2021, Sch 7A State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 Category: Principal judgment Parties: Nitin Gupta (Applicant) Muswellbrook Shire Council (Respondent) Representation: Counsel: M Evans (Solicitor) (Applicant) G Farland (Respondent)