Vetter v Port Stephens Council [2021] NSWLEC 1611

Land and Environment Court New South Wales

Medium Neutral Citation: Vetter v Port Stephens Council [2021] NSWLEC 1611 Hearing dates: Conciliation conference held on 5 and 6 October 2021 Date of orders: 19 October 2021 Decision date: 19 October 2021 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The appeal is upheld. (2) The application for Development Consent No. DA16-2020-302-1 for development of a dual occupancy (one existing) and flood mound at 814 Hinton Road, Osterley being land described as Lot 29 DP 871241, in the terms set out in Annexure A, is approved. Catchwords: DEVELOPMENT APPLICATION – residential subdivision – flooding – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34AA Port Stephens Local Environmental Plan 2013, cll 1.8A, 2.3, 2.6, 4.1, 4.1A, 5.21, 7.1, 7.2 Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021 Standard Instrument (Local Environmental Plans) Order 2006, cl 8 State Environmental Planning Policy Amendment (Flood Planning) 2021, Sch 1 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Coastal Management) 2018, cl 6 State Environmental Planning Policy (Koala Habitat Protection) 2020 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Water Management Act 2000, s 256 Cases Cited: Wingecarribee Shire Council v De Angelis [2016] NSWCA 189 Texts Cited: NSW Department of Planning, Infrastructure and Natural Resources, Floodplain Development Manual, (April 2005) Port Stephens Development Control Plan 2014 Category: Principal judgment Parties: Richard Vetter (applicant) Port Stephens Council (Respondent) Representation: Counsel: J Reid (Applicant) H Irish (Respondent)