Kez Developments Pty Ltd v Kiama Municipal Council [2023] NSWLEC 1414

Land and Environment Court New South Wales

Medium Neutral Citation: Kez Developments Pty Ltd v Kiama Municipal Council [2023] NSWLEC 1414 Hearing dates: Conciliation conference on 28 July 2023 Date of orders: 01 August 2023 Decision date: 01 August 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away 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 Application 10.2022.12.1 seeking consent for the construction of multi dwelling housing comprising 3 attached dwellings with basement carparking, ancillary works and strata title subdivision at 59 Belinda Street, Gerringong NSW 2534 is determined by granting development consent subject to the conditions set out in Annexure B. Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing development in R3 Medium Density Residential zone – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Kiama Local Environmental Plan 2011, cll 4.1F, 4.3, 4.4, 6.1, 6.2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Environmental Planning and Assessment Regulation 2000, cl 55 Category: Principal judgment Parties: Kez Developments Pty Ltd (Applicant) Kiama Municipal Council (Respondent) Representation: Counsel: J Smith (Applicant) D Gunter (Solicitor) (Respondent)