The Trustee for Landen Dev No 14 Unit Trust v Lake Macquarie City Council [2025] NSWLEC 1127

Land and Environment Court New South Wales

Medium Neutral Citation: The Trustee for Landen Dev No 14 Unit Trust v Lake Macquarie City Council [2025] NSWLEC 1127 Hearing dates: Conciliation conference 27 June 2024, 11 February 2025 Date of orders: 06 March 2025 Decision date: 06 March 2025 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (2) The appeal is upheld. (3) Development Application DA/1567/2023 seeking consent for Torrens Title subdivision (70 residential lots and 1 conservation lot), demolition of existing structures, road construction and civil works and 21 Colleen Lane, Wyee (Lot 472 DP 755242) is approved subject to the conditions set out in Annexure A to this agreement. Catchwords: DEVELOPMENT APPLICATION: demolition and residential subdivision, civil works and road construction – conciliation conference – amended plans and additional information – agreement between the parties – orders made. Legislation Cited: Biodiversity Act 2016, ss 6.15, 7.2, 7.3, 7.7, 7.16, Pt 7 Environmental Planning and Assessment Act 1979, ss 4.15, 4.46, 4.47, 8.7, Land and Environment Court Act 1979, s 34 Roads Act 1993, s 152I Rural Fires Act 1997, s 100B Water Management Act 2000, s 91 Biodiversity Conservation Regulation 2017, ss 6.7, 7.2 Environmental Planning and Assessment Regulation, s 38 Lake Macquarie Local Environmental Plan 2014, cll 4.1, 4.1B, 4.1E, 5.21, 6.1, 6.2, 6.3, 7.1, 7.2, 7.20, 7.21 State Environmental Planning Policy (Biodiversity Conservation) 2021, ss 4.9, Ch 4, Sch 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 2.8, 4.6, Ch 2 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.77, 2.138 Texts Cited: Lake Macquarie Development Control Plan 2014 Category: Principal judgment Parties: The Trustee for Landen Dev 14 Unit Trust (Applicant) Lake Macquarie City Council (Respondent) Representation: Counsel: H Grace (Applicant) J McElvey (Respondent)