Toronto Investments No. 1 Pty Limited v Lake Macquarie City Council [2024] NSWLEC 1000

Land and Environment Court New South Wales

Medium Neutral Citation: Toronto Investments No. 1 Pty Limited v Lake Macquarie City Council [2024] NSWLEC 1000 Hearing dates: Conciliation Conference on 19 and 20 December 2023 Date of orders: 03 January 2024 Decision date: 03 January 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The request pursuant to clause 4.6 of the Lake Macquarie Local Environmental Plan 2014 to vary the development standard for height contained within clause 4.3 thereof, as prepared by Planning Ingenuity dated 20 May 2022, is upheld. (2) The appeal is upheld. (3) Development consent is granted to Development Application No DA/1651/2022 for tree removal, excavation and construction of a mixed-used development with associated car parking, landscaping and lot amalgamation at 114, 116, 118, 120 Cary Street, 1, 2, 5 Bath Street and 3 Arnott Avenue Toronto, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – mixed use development – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, ss 29, 38, Sch 7 Coal Mine Subsidence Compensation Act 2017, s 22 Land and Environment Court Act 1979, s 34 Lake Macquarie Local Environmental Plan 2014, cll 4.3, 4.6, 5.10, 5.21, 7.1, 7.10, 7.21 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Building Sustainability Index BASIX) 2004 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.8, 2.10, 2.11, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.122, Sch 3 Water Management Act 2000, s 90 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Texts Cited: Department of Planning and Environment, Apartment Design Guide, July 2015 Lake Macquarie Development Control Plan 2014 RTA, Guide to Traffic Generating Developments, October 2002 Category: Principal judgment Parties: Toronto Investments No. 1 Pty Limited ACN 611 369 558 (Applicant) Lake Macquarie City Council (Respondent) Representation: Counsel: M Wright SC (Applicant) T To (Respondent)