Hartwig v Shoalhaven City Council [2022] NSWLEC 1097

Land and Environment Court New South Wales

Medium Neutral Citation: Hartwig v Shoalhaven City Council [2022] NSWLEC 1097 Hearing dates: 8 December 2021 Date of orders: 24 February 2022 Decision date: 24 February 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development application no. DA20/2061 seeking consent for the construction of a two storey dwelling containing seven (7) bedrooms each with their own ensuite, carport for 2 vehicle, and swimming pool at 60 Macleay Street, Narrawallee, legally described as Lot 145 DP 718994 is determined by granting consent to the application subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL – residential – building footprint wholly within R2 zone - orders Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979, s 34, 39 Shoalhaven Local Environmental Plan 2014, cl 2.3, 5.21, 7.1 and 7.3 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy No 55 - Remediation of Land, cl 7 Cases Cited: SHMH Properties Australia Pty Ltd v City of Sydney Council [2018] NSWLEC 66 IDA. Safe Constructions Pty Ltd v Central Coast Council [2021] NSWLEC 1434 Rothshire Pty Ltd v Fairfield City Council [2021] NSWLEC 1649, Category: Principal judgment Parties: Donna Hartwig (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: M Mantei (Solicitor) (Applicant) Dr J Smith (Respondent)