Baudinet v Lake Macquarie City Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Baudinet v Lake Macquarie City Council [2015] NSWLEC 1547 Hearing dates:Conciliation conference on 22 December 2015Date of orders: 23 December 2015 Decision date: 23 December 2015 Jurisdiction:Class 1Before: Pearson C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: construction of dwelling house, retaining walls, swimming pool and half tennis court; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Heritage Act 1977 Mine Subsidence Compensation Act 1961 Lake Macquarie Local Environmental Plan 2004 Category:Principal judgmentParties: Bruce Warren Baudinet and Lindsay Anne Baudinet (Applicants) Lake Macquarie City Council (Respondent) Representation: Counsel: Ms J McKelvey (Applicants) Mr J Connors (Respondent) Solicitors: Mr A Mutton, Andrews & Holm (Applicants) Mr S Lucy, Lake Macquarie City Council (Respondent) File Number(s):10806 of 2015Publication restriction:NilJudgment COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. The development application the subject of the appeal is for the construction of a dwelling house, retaining walls, swimming pool and half tennis court at 25 Hale Street Catherine Hill Bay, on the site of the former Wallarah House which was damaged by fire in 2013. The development application is for integrated development, as approvals under the Heritage Act 1977 and the Mine Subsidence Compensation Act 1961...