Australian Native Landscapes Pty Ltd v Mid-Coast Council [2024] NSWLEC 1769

Land and Environment Court New South Wales

Medium Neutral Citation: Australian Native Landscapes Pty Ltd v Mid-Coast Council [2024] NSWLEC 1769 Hearing dates: Conciliation Conference 20 November 2024 Date of orders: 28 November 2024 Decision date: 28 November 2024 Jurisdiction: Class 1 Before: Targett C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent DA-9/2021 for the construction of three industrial sheds and alterations to an existing workshop at Lot 1 in Deposited Plan 714149, 12 Pindimar Road, Tea Gardens, is modified in the terms in Annexure A. (3) Development consent DA-9/2021 for the construction of three industrial sheds and alterations to existing workshop at Lot 1 in Deposited Plan 714149, 12 Pindimar Road, Tea Gardens, as modified by the Court is Annexure B. Catchwords: APPEAL – Modification Application – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.55, 8.9 Land and Environment Court Act 1979, ss 4.15, 17, 34 Great Lakes Local Environmental Plan 2014, cll 4.3, 4.4, 7.2, 7.5 State Environmental Planning Policy (Resilience and Hazards) 2021 Texts Cited: Great Lakes Community Engagement Strategy (2022-2025) Great Lakes Development Control Plan 2014 MidCoast Council Ordinary Meeting Minutes, 27 April 2022 Category: Principal judgment Parties: Australian Native Landscapes Pty Ltd (Applicant) Mid-Coast Council (Respondent) Representation: Counsel: A Chryssochoides (Solicitor) (Applicant) M Caban (Solicitor) (Respondent)