Sciacchitano v The Council of the Municipality of Kiama (No 2) [2019] NSWLEC 1448

Land and Environment Court New South Wales

Medium Neutral Citation: Sciacchitano v The Council of the Municipality of Kiama (No 2) [2019] NSWLEC 1448 Hearing dates: Conciliation conference on 12 August 2019; 2 September 2019; 16 September 2019; 19 September 2019 Date of orders: 19 September 2019 Decision date: 19 September 2019 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Applicant is granted leave to rely on 'Development Application Drawings - I' filed on 16 September 2019; and (2) Development Application No. 10.2017.286.1, for the construction of a detached dual occupancy on the land described as Lot 1 in DP 1045061, also known as 35 Bele Place, Kiama NSW 2533 (Site) is approved subject to the conditions of consent set out in Annexure 'A'. (3) The Applicant and the Respondent are to pay their own costs in these proceedings. Catchwords: DEVELOPMENT APPLICATION – detached dual occupancy - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Kiama Local Environmental Plan 2011 Land and Environment Court Act 1979 State Environmental Planning Policy No 55 – Remediation of Land Cases Cited: Argyropoulos v Canterbury Municipal Council (1988) 66 LGRA 202 King v Great Lakes Shire Council (1986) 58 LGRA 366 North Sydney Council v Ligon 302 Pty Ltd (1996) 137 ALR 644 Woolworths Ltd v Bathurst City Council (1987) 63 LGRA 55 Category: Principal judgment Parties: Robert Sciacchitano (Applicant) The Council of the Municipality of Kiama (Respondent) Representation: Counsel: S Nash (Applicant) H Irish (Respondent)