Little Lanes Property Developments Pty Ltd v Clarence Valley Council [2026] NSWLEC 1287
Before: Washington C · NSW Land and Environment Court
Summary
DEVELOPMENT APPLICATION – residential flat building – conciliation conference – agreement between the parties – orders
Catchwords
DEVELOPMENT APPLICATION – residential flat building – conciliation conference – agreement between the parties – orders
Outcome
The Court orders: (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 amendments to the development application in the agreed amount of $3,000, within 21 days of the date of these orders. (3) Development Application No. DA2024/0476 for the demolition of an existing dwelling, and construction of a five-storey residential flat building consisting of nine units, swimming pool, roof terrace, basement car parking, earthworks, retaining walls, fencing and associated structures at 4 High Street, Yamba is determined by the grant of consent, subject to the conditions at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.16, 8.15, 8.7 Land and Environment Court Act 1979 (NSW), s 34 Clarence Valley Local Environmental Plan 2011, cll 4.3, 4.6, 7.1, 7.2, 7.8, Environmental Planning and Assessment Regulation 2021 (NSW), s 38 State Environmental Planning Policy (Housing) 2021, Ch 4, ss 144, 147 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.10, 2.11, 2.12, 2.13, 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48
Read the full judgment
Authoritative text on NSW Caselaw · ~15k words
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