Johnson Property Group Pty Ltd v Lake Macquarie City Council [2019] NSWLEC 1645

Land and Environment Court New South Wales

Medium Neutral Citation: Johnson Property Group Pty Ltd v Lake Macquarie City Council [2019] NSWLEC 1645 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 Development Application DA 1176/2014 for the construction and operation of a helipad: (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) Consent is granted to Development Application DA 1176/2014 for the construction and operation of a helipad on Lake Macquarie (Crown Land Reserve 10121129), 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: DEVELOPMENT APPLICATION – construction and operation of a helipad – conciliation conference – agreement between the parties – orders Legislation Cited: Coal Mine Subsidence Compensation Act 2017 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 Lake Macquarie Local Environment Plan 2014 Lake Macquarie Local Environmental Plan 2004 Land and Environment Court Act 1979 Protection of the Environment Operations Act 1997 State Environmental Planning Policy (Coastal Management (2018) State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 33 – Hazardous and Offensive Development State Environmental Planning Policy No 71 – Coastal Protection Water Management Act 2000 Category: Principal judgment Parties: Johnson Property Group Pty Ltd (Applicant) Lake Macquarie City Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) M Winram (Respondent)