Boyce v Maitland City Council [2026] NSWLEC 1385
Before: Walsh C · NSW Land and Environment Court
Summary
APPEAL – development application – manufactured home estate – conciliation conference – agreement between the parties – orders
Catchwords
APPEAL – development application – manufactured home estate – conciliation conference – agreement between the parties – orders
Outcome
The Court orders that: (1) The appeal is upheld. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) the Applicant is to pay the Respondent's costs thrown away as a result of the Applicant being given leave to file the amended DA2024/823 referred to in par [25(1)] above which, together with the costs orders made on 25 March 2026, and 16 June 2026, are agreed in the amount of $93,000 (excluding GST), and must be paid within 7 days of an invoice being issued. (3) Development Application DA2024/823 for the demolition of existing dwelling house and sheds with construction of a manufactured home estate with 145 dwelling sites constructed in 5 stages, community facilities, display suite and open space at 1064 New England Highway, Lochinvar, is determined by a grant of consent subject to conditions contained in Annexure 'A'.
Legislation cited
Biodiversity Conservation Act 2016 (NSW), s 7.2 Environmental Planning and Assessment Act 1979 (NSW), ss, 4.14, 4.15, 4.16, 4.46, 8.7, 8.15 Environmental Protection and Biodiversity Conservation Act 1999 (NSW) Land and Environment Court Act 1979 (NSW), s 34 Local Government Act 1993 (NSW), s 68 Roads Act 1993 (NSW), s 138 Road Transport Act 2013 (NSW), s 122 Rural Fires Act 1997 (NSW), s 100B Biodiversity Conservation Regulation 2017 (NSW) Environmental Planning and Assessment Regulation 2021 (NSW), s 38 Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021, Cl 6 Maitland Local Environment Plan 2011, cl 1.8A State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 3 State Environmental Planning Policy (Housing) 2021, s 122, 123, 124, 125 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119
Read the full judgment
Authoritative text on NSW Caselaw · ~27k words
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