Allam Property Pty Ltd v Midcoast Council [2024] NSWLEC 1467

Land and Environment Court New South Wales

Medium Neutral Citation: Allam Property Pty Ltd v Midcoast Council [2024] NSWLEC 1467 Hearing dates: Conciliation conference 15 and 29 January, 22 July 2024 Date of orders: 06 August 2024 Decision date: 06 August 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA2022/0214, as amended, for a manufactured home estate at 40-80 Chapmans Road, Tuncurry is approved subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – manufactured home estate including community club house and recreation facilities – conciliation conference – amended plans and additional materials – agreement between the parties – orders made. Legislation Cited: Biodiversity Conservation Act 2016, s 7.2 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.46, 8.7 Land and Environment Court Act 1979, ss 34, 39 Local Government Act 1993, Ch 7, Pt 1 Rural Fires Act 1997, s 100B Environmental Planning and Assessment Regulation 2021, s 23, 37 Great Lakes Local Environmental Plan 2014, cll 4.3, 4.4, 5.21, 7.1, 7.2, 7.5, 7.21 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Housing) 2021, Pt 8, ss 122, 123, 125, State Environmental Planning Policy (Planning Systems) 2021, Pt 2.4, Sch 6, s 3 State Environmental Planning Policy (Resilience and Hazards) 2021, Div 3, ss 2.10, 2.12, 2.13, 4.6 Texts Cited: Great Lakes Development Control Plan 2015 Category: Principal judgment Parties: Allam Property Group Pty Ltd (Applicant) Midcoast Council (Respondent) Representation: Counsel: J Smith (Applicant) M Caban (Solicitor) (Respondent)