Mascaro v Shoalhaven City Council [2021] NSWLEC 1450

Land and Environment Court New South Wales

Medium Neutral Citation: Mascaro v Shoalhaven City Council [2021] NSWLEC 1450 Hearing dates: Conciliation conference on 5 May, 27 May, 16 June and 19 July 2021, final agreement filed 26 July 2021 Date of orders: 6 August 2021 Decision date: 06 August 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The orders of the Court are: (1) The Applicant is granted leave to amend development application DA20/1579 and rely upon the plans and documents listed at Annexure 'A'. (2) The Applicant is to pay the Respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The appeal is upheld. (4) Consent is granted to development application DA20/1579 for the demolition of existing structures on site and construction of a 3 storey shop top housing development, comprising 15 residential apartments above 2 retail/business premises and 35 car parking spaces (25 x residential, 8 x commercial and 2 x visitor parking spaces), on land identified as Lot 45 in DP1052512, also known as 42 Naval Parade Erowal Bay, subject to the conditions in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – shop-top development – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, ss 7.2, 7.7 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Shoalhaven Local Environmental Plan 2014, cll 2.3, 4.3, 4.4, 7.1, 7.20 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Coastal Management) 2018 Texts Cited: Apartment Design Guide Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) Category: Principal judgment Parties: Michael Mascaro (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: A Kelly (Solicitor) (Applicant) J Corradini-Bird (Solicitor) (Respondent)