Ferrier Hodgson v Lake Macquarie City Council [2018] NSWLEC 1585

Land and Environment Court New South Wales

Medium Neutral Citation: Ferrier Hodgson v Lake Macquarie City Council [2018] NSWLEC 1585 Hearing dates: Conciliation conference 2 November 2018 Date of orders: 13 November 2018 Decision date: 13 November 2018 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is dismissed. (2) The development application DA/716/2016 seeking the amalgamation of Lot 599 DP 1228699 (2A Main Road, Boolaroo NSW) and Lot 1 DP 225720 (1A First Street, Boolaroo) and the staged 13 lot subdivision of the amalgamated site, is refused. (3) Exhibit 1 is returned. The Court notes the agreement of the parties that the applicant pay the respondent's costs in the amount of $12,000. Catchwords: APPEAL – conciliation – parties agreed to a decision being made on the basis of what occurred at conciliation – former Cockle Creek Smelter and Incitec site – site specific clause applies requiring Planning Secretary certification – no known date by which certification could be obtained – no power to grant development consent Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy Amendment (Remediation of Land) 2018 State Environmental Planning Policy No 55—Remediation of Land Category: Principal judgment Parties: Ferrier Hodgson (Applicant) Lake Macquarie City Council (Respondent) Representation: Solicitors: D McGregor, Minter Ellison (Applicant) M Winram, Maddocks Lawyers (Respondent) File Number(s): 18/244753 Publication restriction: No