HIWS Pty Ltd v Lake Macquarie City Council [2024] NSWLEC 1240

Land and Environment Court New South Wales

Medium Neutral Citation: HIWS Pty Ltd v Lake Macquarie City Council [2024] NSWLEC 1240 Hearing dates: Conciliation conferences on 22 March 2024 and 18 April 2024 Date of orders: 10 May 2024 Decision date: 10 May 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 (3) within 7 days of the date of this Order. (2) The Appeal is upheld. (3) Development consent is granted to DA/2493/2022 for demolition of the existing structure on site; clearing part of the site, earthworks, construction of proposed driveway, drainage, retaining walls, utility services and site infrastructure including landscaping; construction of 10 x 2 storey units on site consisting of 3 bedroom units with garages; communal area and visitor car parking; and strata subdivision at 1 Kopa Street Whitebridge, subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – multi dwelling – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, s 7.3 Coal Mine Subsidence Compensation Act 2017, ss 21, 22 Environmental Planning and Assessment Act 1979, ss 4.16, 4.46, 4.47, 8.7 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Biodiversity Conservation Regulation 2017 Environmental Planning and Assessment Regulation 2021, ss 37, 38 Lake Macquarie Local Environmental Plan 2014, cll 2.3, 4.3, 5.10, 7.21 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 Category: Principal judgment Parties: HIWS Pty Limited (Applicant) Lake Macquarie City Council (Respondent) Representation: Counsel: M Ball (Solicitor) (Applicant) M Smith (Solicitor) (Respondent)