Serafin v Griffith City Council [2024] NSWLEC 1758

Land and Environment Court New South Wales

Medium Neutral Citation: Serafin v Griffith City Council [2024] NSWLEC 1758 Hearing dates: Conciliation conference on 15 November 2024 Date of orders: 26 November 2024 Decision date: 26 November 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA39/2024.1 as amended, for alterations to approved driveway access to light industrial and commercial premises on land known as 759 Thorne Road, Griffith NSW 2680, being Lot 1 in DP 1247659 subject to the conditions of consent in Annexure A. (3) As a consequence of the development consent to Development Application DA39/2024.1 as amended, DA189/2018(3) is subject to the consolidated, modified conditions of consent set out in Appendix 1. (4) As a consequence of the development consent to Development Application DA39/2024.1 as amended, DA1/2022(2) is subject to the consolidated, modified conditions of consent set out in Appendix 2. (5) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay Respondent's costs thrown away by the amendment of the application for development consent, as agreed or assessed. Catchwords: APPEAL – development application – change vehicular access driveway – conciliation conference - agreement reached – orders made Legislation Cited: Conveyancing Act 1919, s 88E Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021 ss 37, 38, 67 Griffith Local Environmental Plan 2014, cll 5.21, 7.1, 7.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 Cases Cited: McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183 Category: Principal judgment Parties: Darryl Serafin (Applicant) Griffith City Council (Respondent) Representation: Counsel: A Hemmings (Applicant) T Ward (Solicitor) (Respondent)