Sorensen v Maitland City Council [2024] NSWLEC 1188

Land and Environment Court New South Wales

Medium Neutral Citation: Sorensen v Maitland City Council [2024] NSWLEC 1188 Hearing dates: Conciliation conferences on 14 and 28 March 2024 Date of orders: 16 April 2024 Decision date: 16 April 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The Applicant is directed to file the amended development application the subject of Order (4) within 7 days of the date of this Order. (2) The Applicant is to pay the Respondent's costs thrown in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (3) The appeal is upheld. (4) Development Application No DA/2022/1286 as amended, for subdivision – one into two lots; demolition of existing shed and pool cabana; decommission existing driveway crossover on Grange Avenue; stormwater drainage and associated works; and utility installation at Lot 9116 in DP 874539 known as 10 Hermitage Close, Thornton, is determined by a grant of consent subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – subdivision – 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 Environmental Planning and Assessment Regulation 2021, s 38 Maitland Local Environmental Plan 2011, cll 1.9A, 2.3, 2.7, 4.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Rebecca Sorensen (Applicant) Maitland City Council (Respondent) Representation: Counsel: G Long (Solicitor) (Applicant) S Simington (Solicitor) (Respondent)