Johnson Property Group Pty Ltd v Minister for Planning [2019] NSWLEC 1644

Land and Environment Court New South Wales

Medium Neutral Citation: Johnson Property Group Pty Ltd v Minister for Planning [2019] NSWLEC 1644 Hearing dates: Conciliation conference on 10 December 2019 Date of orders: 24 December 2019 Decision date: 24 December 2019 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) Leave is granted to the Applicant to make the following minor amendments to the application to modify Concept Plan MP06_0309 (MOD3): (a) Update the plans listed below to Version L of those plans dated 22 November 2019: (i) 37429(4)-DA-001-L: Location & Marina Context of Proposed Helipad (ii) 37429(4)-DA-001-L: Plan of Proposed Helipad (iii) 37429(4)-DA-001-L: Typical Elevation of Proposed Helipad (b) Include the Helipad Operations Plan dated December 2019, endorsed by Mr Brenton Davis, ATPL-H Aviation Advisor. (2) The Appeal is upheld. (3) The application to modify Concept Plan MP06_0309 (MOD 3) is approved, subject to the conditions in annexure "A". (4) No order as to costs (apart from the order made under section 8.15(3) of the Environmental Planning and Assessment Act 1979 on 24 June 2019). Catchwords: APPEAL – modification of Concept Plan – incorporation of helipad adjacent to the Marina – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 Land and Environment Court Act 1979 Cases Cited: Transport Action Group Against Motorways Incorporated v Roads and Traffic Authority and Another (1999) 46 NSWLR 598; [1999] NSWCA 196 Category: Principal judgment Parties: Johnson Property Group Pty Ltd (Applicant) Minister for Planning (Respondent) Representation: Counsel: A Galasso SC (Applicant) M Staunton (Respondent)