Sturt v Shoalhaven City Council [2021] NSWLEC 1698

Land and Environment Court New South Wales

Medium Neutral Citation: Sturt v Shoalhaven City Council [2021] NSWLEC 1698 Hearing dates: 6 – 8 September 2021, written submissions 19 September 2021 Date of orders: 19 November 2021 Decision date: 19 November 2021 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application number DA 20/1676 for construction of an access driveway for access and maintenance purposes and associated earthworks, vegetation removal, vegetation restoration and tree planting, and drainage works at 23 Coorong Road North Nowra is determined by way of refusal. (3) The Exhibits are returned with the exception of Exhibit 1, A, and B. Catchwords: DEVELOPMENT APPLICATION – access driveway, associated earthworks, drainage works, vegetation removal – is there sufficient certainty about the impacts of the development – is the site suitable for the development – appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16 Environmental Planning and Assessment Regulation 2000, cl 55 Shoalhaven Local Environmental Plan 2014, cll 2.3, 5.10, 7.2, 7.3, 7.6, 7.7, 7.8 State Environmental Planning Policy (Coastal Management) 2018, cll 13, 14 State Environmental Planning Policy (Infrastructure) 2007, cl 45 Water Management Act 2000, s 91 Cases Cited: Blake v Ku-ring-gai [2021] NSWLEC 1461 Super Studio v Waverley Council (2004) 133 LGERA 363; [2004] NSWLEC 91 BGP Properties Pty Ltd v Lake Macquarie City Council (2004) 138 LGERA 237; [2004] NSWLEC 399 Texts Cited: Shoalhaven Development Control Plan 2014 Category: Principal judgment Parties: Adam Sturt (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: J Smith (Applicant) F Berglund (Respondent)