Greer v MidCoast Council [2024] NSWLEC 1429

Land and Environment Court New South Wales

Medium Neutral Citation: Greer v MidCoast Council [2024] NSWLEC 1429 Hearing dates: Conciliation conference 4 July 2024 Date of orders: 26 July 2024 Decision date: 26 July 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application DA2022/1228 for construction of a proposed dwelling creating a detached dual occupancy (including basement garage), extension of gravel driveway and assorted earthworks at 206 Church Street, Carrington NSW 2234 (Lot 206 DP 1055554) is determined by the grant of consent, subject to conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – new dwelling, creating a dual occupancy – conciliation conference – amended plans – agreement reached – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 8.7, 10.3 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulations 2021, ss 23, 27, 37, 38, 55 Great Lakes Local Environmental Plan 2014, Sch 5, cll 4.2A, 4.2B, 4.3, 4.4, 4.6, 5.10, 5.16, 5.21, 7.1, 7.2, 7.4, 7.6, 7.7, 7.8, 7.9, 7.10, 7.13, 7.21 Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023 Standard Instrument (Local Environmental Plans) Order 2006), cl 8 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 3, 4, Sch 2, ss 4.4, 3.3, 3.6 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy (Resilience and Hazards) 2021 Ch 2, ss 2.8, 2.10, 2.11, 2.12, 4.6 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Ltd v North Sydney Council [2019] NSWCA 130 Texts Cited: Great Lakes Development Control Plan 2014 Managing Land Contamination Planning Guidelines Category: Principal judgment Parties: Justin Greer (Applicant) Mid-Coast Council (Respondent) Representation: Counsel: A Gadiel, solicitor (Applicant) M Caban, solicitor (Respondent)