Dartanyon Developments Pty Ltd v Kiama Municipal Council [2020] NSWLEC 1125

Land and Environment Court New South Wales

Medium Neutral Citation: Dartanyon Developments Pty Ltd v Kiama Municipal Council [2020] NSWLEC 1125 Hearing dates: Conciliation conference on 11 and 27 February, 4 and 6 March 2020 Date of orders: 31 March 2020 Decision date: 31 March 2020 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The Applicant is granted leave to rely on the amended plans and documents listed in condition General (1) to the conditions of consent and the written request under clause 4.6 of the Kiama Local Environmental Plan 2011 entitled "Written Request under Clause 4.6 Exceptions to Development Standards of Kiama Local Environmental Plan 2011" and dated 5 March 2020. (2) The Applicant is to pay the Respondent's costs thrown away for reviewing the amended plans received on 18 February 2020 and for reviewing the cl 4.6 variation requests dated February and March 2020 and for attendance at the hearing on 10 and 11 February 2020 (including travel on 9 February 2020), under s 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The Applicant's written request under clause 4.6 of the Kiama Local Environmental Plan 2011 dated 5 March 2020 for contravention of the height standards imposed by clauses 4.3 of the Kiama Local Environmental Plan 2011 is upheld. (4) The appeal is upheld. (5) Development application no. DA 10.2017.291.1 seeking development consent for demolition of existing motel and construction of a three storey shop top housing development with basement car parking, three commercial tenancies, five serviced apartments and twelve residential apartments and stratum/strata subdivision comprising three stratums at Lot 1 DP615423, 10 Bong Bong Street, Kiama is approved subject to the conditions contained at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Kiama Local Environment Plan 2011 Land and Environment Court Act 1979 State Environmental Planning Policy No 55—Remediation of Land Category: Principal judgment Parties: Dartanyon Developments Pty Ltd (First Applicant) The Rogan Property Group Pty Ltd (Second Applicant) Kiama Municipal Council (Respondent) Representation: Counsel: T Robertson SC (Applicant) H Irish (Respondent)