Calderwood Heights Pty Ltd v Shellharbour City Council [2021] NSWLEC 1302

Land and Environment Court New South Wales

Medium Neutral Citation: Calderwood Heights Pty Ltd v Shellharbour City Council [2021] NSWLEC 1302 Hearing dates: Conciliation conference on 14 May, 2 June, 15 June 2021 Date of orders: 28 June 2021 Decision date: 28 June 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The Applicant is granted leave to amend its development application in accordance with the plans referred to in Condition A3 of Annexure "A". (2) The Appeal is upheld. (3) Development Application No DA 0290/2018 for the subdivision of proposed Lot 100 and Lot 101 (in the subdivision of Lot 1 in DP 608238 that is the subject of the development consent granted to DA 0289/2018), 347 Calderwood Road, Calderwood Valley, to create 455 residential lots, residual parcels for roads, open space and drainage corridors, locations and concept for one district park and one local park, demolition of the existing residence, tree removal, site remediation, bulk earth and civil works, riparian corridor rehabilitation/vegetation management and residue lot is approved subject to the conditions set out in Annexure "A". Catchwords: APPEAL – land subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017, Sch 2 cl 3B Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.46, 8.7 Land and Environment Court Act 1979, s 34 National Parks and Wildlife Act 1974, s 90 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Infrastructure) 2007, cl 104 State Environmental Planning Policy (State and Regional Development) 2011, Sch 7 State Environmental Planning Policy (State Significant Precincts) 2005, Appendix 15, cll 17, 17A, 18, 26, 27, 28, 30 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Water Management Act 2000, s 91 Category: Principal judgment Parties: Calderwood Heights Pty Ltd (Applicant) Shellharbour City Council (First Respondent) Lendlease Communities (Australia) Limited (Second Respondent) Representation: Counsel: P Lalich (Solicitor) (Applicant) A Seton (Solicitor) (First Respondent) A Galasso SC (Second Respondent)