Shankar v Lake Macquarie City Council [2026] NSWLEC 1273
Before: Miller AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to the provisions of s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of Development Application DA/1212/2025, for the construction of multi dwelling housing, landscaping and associated site works at 17 and 14 Herd Street and 17A Cowmeadow Road, Mount Hutton, NSW (Lot 22 DP 1304602, Lot 21 DP 1304602 and Lot 1 DP 862115) (the site) by Lake Macquarie City Council (the Council). The Court arranged a conciliation conference u
Catchwords
APPEAL — multi-dwelling housing — conciliation conference — agreement reached — orders made
Outcome
The orders of the Court are: (1) The Applicant is to pay the Respondent’s costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) in the agreed sum of $6,000 within 28 days of the date of the Court’s orders. (2) The appeal is upheld. (3) Development Application DA/1212/2025, as amended, for construction of multi dwelling housing, landscaping and associated site works at 17 and 14 Herd Street and 17A Cowmeadow Road, Mount Hutton NSW, is determined by the grant of consent subject to the conditions in Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 27, 38, Sch 7 Lake Macquarie Local Environmental Plan 2014, cll 4.3, 7.2, 7.21 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1, Sch 1
Read the full judgment
Authoritative text on NSW Caselaw · ~7k words
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