Erina Investments Holdings Pty Ltd v Snowy Monaro Regional Council [2021] NSWLEC 1204

Land and Environment Court New South Wales

Medium Neutral Citation: Erina Investments Holdings Pty Ltd v Snowy Monaro Regional Council [2021] NSWLEC 1204 Hearing dates: 22 and 23 March 2021 Date of orders: 29 April 2021 Decision date: 29 April 2021 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders that: (1) The appeal be dismissed. (2) The exhibits be returned other than exhibits A, B and 1. Catchwords: MODIFICATION APPLICATION – approved large residential subdivision – deletion of condition requiring access point – impacts on local traffic – impacts on amenity of residents Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.3, 8.9, 8.13 Snowy River Local Environmental Plan 2013, cl 2.3 Cases Cited: McAuley v Northern Region Joint Regional Planning Panel [2013] NSWLEC 125 Minister for Urban Affairs and Planning v Rosemount Estates Pty Ltd (1996) 91 LGERA 31; [1996] NSWCA 365 Texts Cited: Land and Environment Court Practice Direction – Class 1 Development Appeals 3 April 2018 Land and Environment Court Covid-19 Pandemic Arrangements Policy 10 December 2020 Roads and Traffic Authority Guide to Traffic Generating Developments October 2002 Snowy River Development Control Plan 2013 Ch C, Part F7 "Vision for Jindabyne", New South Wales Planning Category: Principal judgment Parties: Erina Investments Holdings Pty Ltd (First Applicant) Village Style Retirement Services Pty Ltd (Second Applicant) Snowy Monaro Regional Council (Respondent) Representation: Counsel: R Byrd (Solicitor) (Applicants) S Puckeridge (Solicitor) (Respondent)