Smithers v Kiama Municipal Council (No 2)

[2021] NSWLEC 1385

Land and Environment Court

New South Wales

Medium Neutral Citation:

Smithers v Kiama Municipal Council (No 2) [2021] NSWLEC 1385

Hearing dates:

15-16 March 2021

Date of orders:

5 July 2021

Decision date:

05 July 2021

Jurisdiction:

Class 1

Before:

Washington AC

Decision:

The Court orders that:

(1) The appeal is upheld.

(2) Development consent is granted to development application 10.2018.196.1 for the demolition of the existing dwelling and construction of three (3) dwellings and three (3) lot Torrens Title Subdivision at 5 Pacific Street, Kiama, Lot 21 DP 1218589, subject to the conditions set out in Annexure A.

(3) The exhibits are returned, except for exhibits A, B, E, F and 3.

Catchwords:

DEVELOPMENT APPLICATION – Torrens Title subdivision – construction of three detached dwellings – view loss

Legislation Cited:

Environmental Planning and Assessment Regulation 2000, reg 55

Cases Cited:

Smithers v Kiama Municipal Council [2021] NSWLEC 1348

Category:

Principal judgment

Parties:

Nicole Smithers (Applicant)
Kiama Municipal Council (Respondent)

Representation:

Counsel:
M Mantei (Solicitor) (Applicant)
J Fan (Solicitor) (Respondent)

Solicitors:
Michael Mantei Planning Law Solutions (Applicant)
Lindsay Taylor Lawyers (Respondent)

File Number(s):

2019/400831

Publication restriction:

No

Judgment

Introduction

1. COMMISSIONER: On 15 June 2021 I handed down my reasons for judgment in the Class 1 appeal (Smithers v Kiama Municipal Council [2021] NSWLEC 1348). I directed the Applicant to make amendments to the architectural drawings in accordance with my reasons for judgment and for the Council to update and file conditions of consent. The applicant has made the necessary revisions, and having reviewed the drawings and conditions, I am satisfied that the amended application accords with my judgment. Having regard to Environmental Planning and Assessment Regulation 2000 reg 55, I am further satisfied that the proposed development as amended is substantially the same as the notified development application.

2. The Court orders that:

1. The appeal is upheld.

2. Development consent is granted to development application 10.2018.196.1 for the demolition of the existing dwelling and construction of three (3) dwellings and three (3) lot Torrens Title Subdivision at 5 Pacific Street, Kiama, Lot 21 DP 1218589, subject to the conditions set out in Annexure A.

3. The exhibits are returned, except for exhibits A, B, E, F and 3.

………………………….

Emma Washington

Acting Commissioner of the Court

Annexure A (248282, pdf)

Plans (25317033, pdf)

**********

Decision last updated: 05 July 2021