The Trustee for Landen Dev No 14 Unit Trust v Lake Macquarie City Council [2025] NSWLEC 1127

The Trustee for Landen Dev No 14 Unit Trust v Lake Macquarie City Council [2025] NSWLEC 1127

The Court is satisfied on the expert evidence and parties’ agreement that the amended development application complies with all applicable legal and environmental requirements, avoids unacceptable impacts, and meets the threshold for approval under applicable legislation; accordingly, the appeal is upheld and the application is approved subject to agreed conditions.

Parties
Applicant: The Trustee for Landen Dev 14 Unit Trust; Respondent: Lake Macquarie City Council
Jurisdiction
Australia
Judgment Date
06 March 2025
Procedural Posture
Class 1 Development Appeal / Judgment Following Conciliation and Agreement
Outcome
Appeal upheld, development consent granted subject to conditions, Applicant to pay costs thrown away by amendment
Legal Topics
Development Application, Subdivision, Conciliation Conference, Integrated Development, Biodiversity Assessment
Environmental Law Planning Law Development Application Subdivision Conciliation Conference Integrated Development Biodiversity Assessment

Case Brief

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Parties

The Trustee for Landen Dev 14 Unit Trust

Applicant

Lake Macquarie City Council

Respondent

Procedural Posture

Class 1 Development Appeal / Judgment Following Conciliation and Agreement

Legal Issues

  1. 1 Whether development application DA/1567/2023 for Torrens Title subdivision, demolition, road construction, and civil works at 21 Colleen Lane, Wyee should be approved subject to conditions
  2. 2 Whether statutory requirements under planning and environmental legislation are met including biodiversity, bushfire, coastal wetlands, flood and contamination provisions
  3. 3 Whether parties’ agreement can be accepted under s 34 of the Land and Environment Court Act 1979

Ratio Decidendi

The Court is satisfied on the expert evidence and parties’ agreement that the amended development application complies with all applicable legal and environmental requirements, avoids unacceptable impacts, and meets the threshold for approval under applicable legislation; accordingly, the appeal is upheld and the application is approved subject to agreed conditions.

Court Disposition

Appeal upheld, development consent granted subject to conditions, Applicant to pay costs thrown away by amendment

Orders

  • Applicant to pay Respondent's costs thrown away as a result of the amendment of the application in accordance with s 8.15(3) Environmental Planning and Assessment Act 1979 as agreed or assessed.
  • The appeal is upheld.