Baudinet v Lake Macquarie City Council [2023] NSWLEC 1378

Land and Environment Court New South Wales

Medium Neutral Citation: Baudinet v Lake Macquarie City Council [2023] NSWLEC 1378 Hearing dates: Conciliation conference on 28 June 2023 Date of orders: 18 July 2023 Decision date: 18 July 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Consent No 1903/2020 is modified by Modification Application No DA/1903/2020/A, for minor amendments to the approved development to change the design of part of the roof, at 25 Hale Street, Catherine Hill Bay NSW 2281 (legally known as Lot 101 in DP 1194707), subject to the consolidated conditions of consent at Annexure A. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 s 8.9, 4.47, 4.55 Land and Environment Court Act 1979 ss 34, 34AA, 39 the Environmental Planning and Assessment Regulation 2021 s 113 Lake Macquarie Local Environmental Plan 2004, cl 72 Lake Macquarie Local Environmental Plan 2014, cl 1.3 Heritage Act 1977, s 57 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Brauce Baudinet (First Applicant) Lindsay Baudinet (Second Applicant) Lake Macquarie City Council (Respondent) Representation: Counsel: R Lancaster SC (Applicant) L Beale (Solicitor) (Respondent)