Site Investments Pty Limited v Albury City Council [2023] NSWLEC 1686

Land and Environment Court New South Wales

Medium Neutral Citation: Site Investments Pty Limited v Albury City Council [2023] NSWLEC 1686 Hearing dates: Conciliation conference held on 10 November 2023 Date of orders: 15 November 2023 Decision date: 15 November 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA 10.2023.39970.1, as amended, seeking construction of ancillary structures and earthworks related to an existing dwelling on Lot 102 Deposited Plan 1264791, also known as 87 Kookaburra Way, East Albury is determined by the grant of consent, and subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – construction of ancillary structures – earthworks – conciliation conference – agreement between the parties – orders Legislation Cited: Albury Local Environmental Plan 2010, cl 2.3 Biodiversity Conservation Act 2016, Sch 1, Pt 2, Div 1, s 7.3 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 38 Land and Environment Court Act 1979, ss 34, 34AA, 39 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Albury Development Control Plan 2010 Category: Principal judgment Parties: Site Investments Pty Limited (Applicant) Albury City Council (Respondent) Representation: Counsel: M Staunton (Applicant) J Reid (Respondent)