Johnson Property Group v Cessnock City Council [2019] NSWLEC 1274

Land and Environment Court New South Wales

Medium Neutral Citation: Johnson Property Group v Cessnock City Council [2019] NSWLEC 1274 Hearing dates: Conciliation conference on 14 June 2019 Date of orders: 18 June 2019 Decision date: 18 June 2019 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The Applicant is given leave to amend the modification application by: (a) substituting the following plan as the plan relied upon for the purpose of the modification application Subdivision Plan prepared by Royal HaskoningDHV, Job Number PA1879; Dwg. PA1879-DA2-002, Rev. D, dated 28/5/19. (b) deleting the request to amend Condition 32 to require the upgrade of the Abbotsford Street road alignment and bridge upgrade as part of Stage 3B and substituting a request that the Note to Condition 32 be deleted. (c) deleting the request to amend Condition 60 as set out in the statement of environmental effects dated August 2018 prepared by ADW Johnson Pty Limited and substituting a request that the condition be amended as set out in condition 60 of Annexure "A" hereto. (2) The appeal is upheld. (3) Modification Application DA 8/2011/836/3 to amend Development Consent DA 8/2011/836/1 as amended, for the subdivision of land into 62 lots at Ruby Street, Bellbird being Lot 1 DP327785, Lot 1 DP328498 and Lot 1 DP597226 is approved subject to the conditions set out in Annexure "A" hereto. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Johnson Property Group (Applicant) Cessnock City Council (Respondent) Representation: Solicitors: C Gough, Storey & Gough Lawyers (Applicant) S Puckeridge, Lindsay Taylor Lawyers (Respondent) File Number(s): 2018/319751 Publication restriction: No