Latimer v Shoalhaven City Council [2019] NSWLEC 1424

Land and Environment Court New South Wales

Medium Neutral Citation: Latimer v Shoalhaven City Council [2019] NSWLEC 1424 Hearing dates: Conciliation conference on 29 August 2019 Date of orders: 10 September 2019 Decision date: 10 September 2019 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: Leave is granted to the Applicant to rely on the following plans that are the subject of Modification Application No. DS2018/1343: Architectural Plans Prepared by Hotondo Homes job no. NEST1539 amended 29/08/2019 sheets 1 to 9. The appeal is upheld. Development Consent No. DA14/2580 for demolition of existing cottage and erection of an attached dual occupancy at Lot 4 DP 16055, 8 Admiralty Crescent Huskisson is modified pursuant to section 4.55(1A) of the Environmental Planning and Assessment Act 1979 as set out in Annexure "A". As a consequence of order 2.3, Development Consent No. DA14/2580 is subject to the consolidated, modified conditions of consent as set out in Annexure "B". Catchwords: MODIFICATION APPLICATION: conciliation conference; agreement between the parties; orders; use of unauthorised works; privacy and view loss mitigation Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Shoalhaven Local Environmental Plan 2014 Texts Cited: Shoalhaven Development Control Plan 2014 Category: Principal judgment Parties: Paul Latimer (Applicant) Shoalhaven City Council (Respondent) Representation: Solicitors: M Mantei, Planning Law Solutions (Applicant) S Shneider, Houston Dearn O'Connor (Respondent) File Number(s): 2018/377128 Publication restriction: No