TWA Developments Pty Ltd v Shoalhaven City Council [2021] NSWLEC 1437

Land and Environment Court New South Wales

Medium Neutral Citation: TWA Developments Pty Ltd v Shoalhaven City Council [2021] NSWLEC 1437 Hearing dates: 19-20 July 2021 Date of orders: 29 July 2021 Decision date: 29 July 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted for the construction of a multi dwelling housing development containing four detached dwellings at 52 Parker Crescent, Berry, subject to the conditions in Annexure A. (3) Exhibits 1-4, 6, B, F and H be returned. Catchwords: APPEAL – development application – multi dwelling housing – permissible on site – planning proposal to rezone so that no longer permissible – compliance with planning controls – compatibility with the character of the area and the streetscape Legislation Cited: Environmental Planning and Assessment Act 1979 ss 8.7, 4.15, 3.33, 3.34 Environmental Planning and Assessment Regulation 2000 Sch 1 Shoalhaven Local Environmental Plan 2014 cll 2.3, 4.3, 7.11 State Environmental Planning Policy No 55 – Remediation of Land cl 7 Cases Cited: Blackmore Design Group Pty Ltd v North Sydney Council (2001) 118 LGERA 290; [2001] NSWLEC 279 Platford v van Veenendaal and Shoalhaven City Council (2018) 229 LGERA 101; [2018] NSWLEC 27 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) 129 LGERA 195; [2003] NSWCA 289 Texts Cited: Shoalhaven City Council, Planning Proposal PP060 'Shoalhaven Local Environmental Plan 2014 – Huntingdale Park Estate Large Lot Residential Areas, Berry' (2021) Shoalhaven Development Control Plan 2014 Category: Principal judgment Parties: TWA Developments Pty Ltd (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: J Smith (Applicant) R White (Respondent)