Cosmic Endeavour Pty Ltd v Maitland City Council [2020] NSWLEC 1206

Land and Environment Court New South Wales

Medium Neutral Citation: Cosmic Endeavour Pty Ltd v Maitland City Council [2020] NSWLEC 1206 Hearing dates: Conciliation conference on 20 March 2020 Date of orders: 06 May 2020 Decision date: 06 May 2020 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court Orders: (1) The Court grants leave to the Applicant to rely upon the amended plans and documents listed in Annexure 'A'. (2) The appeal is upheld. (3) Development Application No. DA/2019/313 for Torrens Title subdivision of one (1) into two (2) Lots, demolition of garage/construction of carport and construction of an eight (8) unit, two (2) storey boarding house (Affordable Housing) on land identified as Lot 2 in DP 793753 and known as 3 Fairview Street, Rutherford, is approved subject to the conditions included at Annexure 'B'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Category: Principal judgment Parties: Cosmic Endeavour Pty Ltd (Applicant) Maitland City Council (Respondent) Representation: Counsel: B Dyer (Solicitor) (Applicant) T Pickup (Solicitor) (Respondent) Solicitors: Holding Redlich (Applicant) Local Government Legal (Respondent) File Number(s): 2019/366929 Publication restriction: No