Spencer v Kiama Municipal Council (No 2) [2024] NSWLEC 1526

Land and Environment Court New South Wales

Medium Neutral Citation: Spencer v Kiama Municipal Council (No 2) [2024] NSWLEC 1526 Hearing dates: Conciliation conference on 12-13 August 2024 Date of orders: 30 August 2024 Decision date: 30 August 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA 10.2023.98.1 for partial removal of existing structures and construction of new decks, balconies, retaining walls and landscaping on Lot 859 in DP 231616, also known as 110 North Kiama Drive, Kiama Downs subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – partial removal and new structures – 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, s 23 Kiama Local Environmental Plan 2011, cll 4.3, 4.4, 6.2, 6.6, 6.7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, cl 6(a) State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 Texts Cited: Kiama Development Control Plan 2020 Category: Principal judgment Parties: Jennifer Spencer (First Applicant) Ricardo Spencer (Second Applicant) Kiama Municipal Council (Respondent) Representation: Counsel: R O'Gorman Hughes (Applicants) K Mezenic (Solicitor) (Respondent)