NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Forte Kiama Heights Development Pty Ltd v Kiama Municipal Council [2024] NSWLEC 1390 Hearing dates: Conciliation conference on 31 May and 14 June 2024 Date of orders: 10 July 2024 Decision date: 10 July 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent DA 10.2022.113.1 is modified in the terms in Annexure A. (3) Development consent DA 10.2022.113.1 as modified by the Court is Annexure B. Catchwords: MODIFICATION APPLICATION: multi dwelling housing development in R2 Low Density Residential zone – conciliation conference – agreement between parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Land Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 113 Kiama Local Environmental Plan 2011, cll 4.1E, 4.3, 4.6 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11 Cases Cited: SDHA Pty Ltd v Waverley Council (2015) 209 LGERA 233; [2015] NSWLEC 65 Category: Principal judgment Parties: Forte Kiama Heights Development (Applicant) Kiama Municipal Council (Respondent) Representation: Counsel: J Wauchope (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)
Solicitors: Dentons Australia Pty Ltd (Applicant) Marsdens Law Group (Respondent) File Number(s): 2023/461465 Publication restriction: Nil
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