Shankar v Lake Macquarie Council [2026] NSWLEC 1357
Before: Dickson C · NSW Land and Environment Court
Summary
DEVELOPMENT APPLICATION – multi dwelling housing – conciliation conference – amended plans and documents – agreement reached – orders made
Catchwords
DEVELOPMENT APPLICATION – multi dwelling housing – conciliation conference – amended plans and documents – agreement reached – orders made
Outcome
The Court order that: (1) Pursuant to s 64 of the Civil Procedure Act 2025 (NSW) leave is granted for the Applicant to file the amended Class 1 Application Form at Annexure A, with the amendment having taken effect from 9 September 2025. (2) 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 $9,000 within 28 days of the date of the Court’s orders. (3) The appeal is upheld (4) Development Application DA/995/2025, as amended, for the construction of multi dwelling housing, landscaping and associated site works at 14 and 17 Herd St Mount Hutton is determined by the grant of consent subject to the conditions in Annexure B.
Legislation cited
Civil Procedure Act 2025 (NSW), s 64 Coal Mine Subsidence Compensation Act 2017 (NSW), s 22 Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.47, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), ss 34 Rural Fires Act 1997 (NSW) Environmental Planning and Assessment Regulation 2021 (NSW) ss 23, 38 Lake Macquarie Local Environmental Plan 2014, cll 4.3, 6.2, 7.21 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022
Read the full judgment
Authoritative text on NSW Caselaw · ~13k words
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