Harwood v Kiama Municipal Council [2024] NSWLEC 1697

Land and Environment Court New South Wales

Medium Neutral Citation: Harwood v Kiama Municipal Council [2024] NSWLEC 1697 Hearing dates: Conciliation Conference on 6 June, 4 July, 1 August, 19 September and 9 October 2024 Date of orders: 01 November 2024 Decision date: 01 November 2024 Jurisdiction: Class 1 Before: Targett C Decision: The Court orders that: (1) The appeal is upheld. (2) The Applicant's written request under cl 4.6 of the Kiama Local Environmental Plan 2011 (KLEP) seeking a contravention of the maximum height standard under cl 4.3 and floor space ratio under cl 4.4 of the KLEP is upheld. (3) Development application No 10.2023.134.1, as amended, for the demolition of existing structures and construction of a new mixed-use building comprising basement car parking, commercial uses on ground floor and 8 residential apartments above at 110 and 114 Terralong Street, Kiama, also legally known as Lots 1,2, 3 and 4 of SP 85556, and Lot 3 in DP 250726 respectively, is determined by the grant of consent, subject to the conditions set out in Annexure A. Catchwords: APPEAL – Development application – conciliation conference – agreement between the parties – orders Legislation Cited: Coastal Management Act 2015, s 5 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.10, 8.11 Land and Environment Court Act 1979, ss 17, 34 National Parks and Wildlife Act 1974 State Environmental Planning Policy (Sustainable Building) 2022 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.3, 2.4, 2.11, 2.12, 2.13, 4.6 Kiama Local Environmental Plan 2011, cll 4.3, 4.4, 4.6, 5.6, 5.10, 6.2 Category: Principal judgment Parties: Robert Harwood (Applicant) Kiama Municipal Council (Respondent) Representation: Counsel: P Murray (Solicitor) (Applicant) D Gunter (Solicitor) (Respondent)