Sealark Pty Limited v Independent Planning Commission of New South Wales [2021] NSWLEC 1500

Land and Environment Court New South Wales

Medium Neutral Citation: Sealark Pty Limited v Independent Planning Commission of New South Wales [2021] NSWLEC 1500 Hearing dates: Conciliation conferences on 14-15 November 2019; 25 March 2020; 23 September 2020; 10 May 2021; 15 October 2021; 29 October 2021 Date of orders: 01 December 2021 Decision date: 01 December 2021 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application SSD 3846, as amended, which is a concept proposal for a staged, mixed-use development is approved, subject to the conditions annexed and marked Annexure "A". (3) No order as to costs. Catchwords: DEVELOPMENT APPLICATION – State Significant Development – concept proposal for a staged mixed-use development on land to the west of the existing township of Culburra Beach – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.5(a), 4.15(1), Pt 4 Div 4.7 Land and Environment Court Act 1979, s 34 Shoalhaven Local Environmental Plan 1985, cl 9(3) State Environmental Planning Policy (State and Regional Development) 2011, cl 8A State Environmental Planning Policy No 14—Coastal Wetlands, cll 4(1), 7(2) State Environmental Planning Policy No 55—Remediation of Land, cl 7(1) State Environmental Planning Policy No 62—Sustainable Aquaculture, cl 15D Texts Cited: NSW Oyster Industry Sustainable Aquaculture Strategy Category: Principal judgment Parties: Sealark Pty Limited (Applicant) Independent Planning Commission of New South Wales (Respondent) Representation: Counsel: M Astill (Applicant) F Berglund (Respondent)