Salsands (NSW) Pty Ltd v Port Stephens Council [2020] NSWLEC 1263

Land and Environment Court New South Wales

Medium Neutral Citation: Salsands (NSW) Pty Ltd v Port Stephens Council [2020] NSWLEC 1263 Hearing dates: Conciliation conferences on 31 March, 9 April, 23 April, 1 May and 15 May 2020 Date of orders: 22 June 2020, and amended on 19 November 2020 Decision date: 22 June 2020 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The applicant is granted leave to file and rely on an amended application for development consent to include an offer to enter into a voluntary planning agreement, as referred to in s 7.4 EPA Act, in the form/terms in Annexure A. (2) The appeal is upheld. (3) Development Application number 16-2018-660-1 for a staged development of a business park consisting of office premises, warehouse, cafe, signage, strata subdivision retaining wall and associated site works at Lot 16 DP 1010867 known as 15 Kara Crescent Taylors Beach, and subdivision of Lot 16 into 2 lots, is approved subject to the conditions in Annexure B. (4) Each party is to bear its own costs of these proceedings.

The Court notes the respondent's acknowledgement that there have been no costs of the consent authority that have been thrown away as a result of the amendment of the application for development consent, being costs as referred to in s 8.15(3) of the EPA Act. Catchwords: APPEAL – grant of deferred commencement consent – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Port Stephens Local Environmental Plan 2013 State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy No 55 – Remediation of Land Cases Cited: Sanctuary Investments Pty Ltd v Baulkham Hills Shire Council (2006) 153 LGERA 355; [2006] NSWLEC 733 Omaya Investments Pty Limited v Dean Street Holdings Pty Limited (No 5) [2020] NSWLEC 9 Texts Cited: NSW Rural Fire Service, Planning for Bush Fire Protection Category: Principal judgment Parties: Salsands (NSW) Pty Ltd (Applicant) Port Stephens Council (Respondent) Representation: Counsel: M Fraser (Applicant) M Hall SC (Respondent)