Mitchell v Mid-Coast Council [2024] NSWLEC 1016

Land and Environment Court New South Wales

Medium Neutral Citation: Mitchell v Mid-Coast Council [2024] NSWLEC 1016 Hearing dates: Conciliation conference on 17 January 2024 Date of orders: 24 January 2024 Decision date: 24 January 2024 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA2023/2007, which seeks alterations and additions to an existing building, being for commercial additions and change of use including sale of liquor on Lot 2, Deposited Plan 1235034, also known as 203 Charlotte Bay Street, Charlotte Bay, is determined by the grant of consent, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to existing building – incorporate bottle shop into existing supermarket – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 38 Great Lakes Local Environmental Plan 2014, cl 2.3, Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.8, 2.10, 2.11 Texts Cited: Great Lakes Development Control Plan 2014 Category: Principal judgment Parties: Peter Mitchell (Applicant) Mid-Coast Council (Respondent) Representation: Counsel: T Pickup (Solicitor) (Applicant) M Caban (Solicitor) (Respondent)