NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Agnew v Yass Valley Council [2024] NSWLEC 1326 Hearing dates: Conciliation conference 7 June 2024 Date of orders: 14 June 2024 Decision date: 14 June 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application No 230052 is refused. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – appeal dismissed and development application refused – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: Michael Agnew (Applicant) Yass Valley Council (Respondent) Representation: Counsel: A McKelvey (Solicitor) (Applicant) A Menyhart (Solicitor) (Respondent)
Solicitors: Sparke Helmore Lawyers (Applicant) BAL Lawyers (Respondent) File Number(s): 2023/333775 Publication restriction: Nil
Judgment 1. COMMISSIONER: These proceedings are an appeal under s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of Development Application No DA230052 (DA) by Yass Valley Council. 2. The DA seeks consent for the construction of a self-storage unit facility and associated development at 25-27 Laidlaw Street, Yass legally described as Lots 5 and 6 DP526119 and Lot 22 Section 26 DP759136 (site).
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