NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Cole v Kiama Municipal Council [2024] NSWLEC 1415 Hearing dates: Conciliation conference on 15 and 16 July 2024 Date of orders: 23 July 2024 Decision date: 23 July 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application 10.2022.152.1, for the demolition of existing dwelling and construction of a dual occupancy, is approved, subject to conditions of consent set out in Annexure A. Catchwords: APPEAL – development application – dual occupancy – conciliation conference – agreement between the parties – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, ss 27, 37, 38 Kiama Local Environmental Plan 2011, cl 4.1E, 6.2, 6.12 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 4.6 Cases Cited: SHMH Properties Australia Pty Ltd v City of Sydney Council [2018] NSWLEC 66 Category: Principal judgment Parties: Kirsten Cole (First Applicant) Kieran Hennessy (Second Applicant) Kiama Municipal Council (Respondent) Representation: Counsel: J Smith (Applicants) D Gunter (Solicitor) (Respondent)
Solicitors: Foundation Law (Applicants) Sparke Helmore Lawyers (Respondent) File Number(s): 2024/2645 Publication restriction: Nil
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