Baileys Lane Pty Ltd v Cessnock City Council [2019] NSWLEC 1336

Land and Environment Court New South Wales

Medium Neutral Citation: Baileys Lane Pty Ltd v Cessnock City Council [2019] NSWLEC 1336 Hearing dates: Conciliation conference on 28 May 2019 Date of orders: 16 July 2019 Decision date: 16 July 2019 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders: (1) Leave is granted to the Applicant to amend the application, as set out in Annexure A, to modify the Development Consent granted by the Respondent on 2 May 2018 ("the Development Consent") for a twenty four (24) lot subdivision of the land being Lot 790 Deposited Plan 257363 known as 65 Baileys Lane Abermain NSW including the construction of a new internal road, stormwater drainage, earthworks and vegetation removal. (2) The appeal is upheld and the modifications sought to the Development Consent are approved. (3) As a consequence of Order (2) above, the Development Consent is now subject to the modified conditions as set out in Annexure B. Catchwords: MODIFICATION APPLICATION – conditions of development consent – contributions - 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: Baileys Lane Pty Ltd (Applicant) Cessnock City Council (Respondent) Representation: Solicitors: G Christmas, Apex Planning & Environment Law (Applicant) D Grant, Sparke Helmore Lawyers (Respondent) File Number(s): 2018/309387 Publication restriction: No