Skelly v Lake Macquarie City Council [2024] NSWLEC 1004

Land and Environment Court New South Wales

Medium Neutral Citation: Skelly v Lake Macquarie City Council [2024] NSWLEC 1004 Hearing dates: Conciliation conference on 21 December 2023 Date of orders: 18 January 2024 Decision date: 18 January 2024 Jurisdiction: Class 1 Before: Adam AC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application number DA/3319/2021, seeking consent for one into three lot Torrens title subdivision at Lot 76 in Deposited Plan 12507, known as 2 Ilford Avenue, Buttaba, subject to the conditions of consent at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – refused – conciliation conference – subdivision of one lot into three lots and associated works– agreement between parties – orders Legislation Cited: Biodiversity Conservation Act 2016, Pt 7, Div 1, ss 7.2, 7.3 Biodiversity Conservation Regulation 2017 Coal Mine Subsidence Compensation Act 2017, s 22 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2021, s 38, Sch 7 Lake Macquarie Local Environmental Plan 2014, cll 2.3, 2.6, 4.1, 7.1, 7.2, 7.5, 7.7, 7.21 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: NSW Environment Protection Authority, Managing Land Contamination Planning Guidelines SEPP 55 - Remediation of Land Category: Principal judgment Parties: Alison Skelly (Applicant) Lake Macquarie City Council (Respondent) Representation: Counsel: G Mckee (Solicitor) (Applicant) J Smith (Respondent)