Awesome Corowa Pty Ltd v Federation Council [2021] NSWLEC 1633

Land and Environment Court New South Wales

Medium Neutral Citation: Awesome Corowa Pty Ltd v Federation Council [2021] NSWLEC 1633 Hearing dates: 20-22 September 2021 Date of orders: 29 October 2021 Decision date: 29 October 2021 Jurisdiction: Class 1 Before: Morris AC Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application DA 2020-162 for the subdivision of land into 306 residential allotments, two drainage reserves, three public recreation reserves with associated roads, footpaths and infrastructure works over 13 stages at Lots 1 and 2 DP 199174 and Lot 66 DP 1167493 known as 169-199 Redlands Rod and 42-80 Cemetery Road, Corowa is refused. (3) The exhibits, other than exhibits A, C and 1, are returned. Catchwords: DEVELOPMENT APPLICATION – residential subdivision – traffic impacts – impacts on threatened species – social impacts – urban design – whether adequate arrangements made for provision of essential services – whether sufficient environmental impact assessment has been carried out – whether sufficient information has been provided to allow proper assessment of the application Legislation Cited: Biodiversity Conservation Act 2016, Pt 7 Corowa Local Environmental Plan 2012, cll 2.3, 2.6, 2.7, 4.1, 7.1, 7.3, 7.4, 7.5, 7.9 Environment Protection and Biodiversity Conservation Act 1999 (Cth) Environmental Planning and Assessment Act 1979 ss 4.17(1)(g), 8.7 Local Government Act 1993, s 60 State Environmental Planning Policy (Infrastructure) 2007, cl 104 State Environmental Planning Policy (Koala Habitat Protection) 2021, cl 11 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Texts Cited: Corowa Shire Development Control Plan 2013 Design Manual for the Subdivision of Land The Urban Design for Regional NSW Category: Principal judgment Parties: Awesome Corowa Pty Limited (First Applicant) Awesome Cemetery Pty Ltd (Second Applicant) Federation Council (Respondent) Representation: Counsel: I Hemmings SC (Applicants) J Reid (Respondent)