Werry v Kiama Municipal Council [2022] NSWLEC 1230

Land and Environment Court New South Wales

Medium Neutral Citation: Werry v Kiama Municipal Council [2022] NSWLEC 1230 Hearing dates: 7-9 March 2022 Date of orders: 05 MAY 2022 Decision date: 05 May 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application 10.2021.67.1, which seeks the grant of development consent for seniors housing and associated development at 2 Caliope Street Kiama is refused. (3) The exhibits are returned with the exception of Exhibits 1, 6, A, B, C, E and K which are retained. Catchwords: DEVELOPMENT APPLICATION – land subdivision - community titles subdivision – seniors living development – bushfire risk – ecological concerns – site compatibility certificate Legislation Cited: Biodiversity Conservation Act 2016, Pt 7 Conveyancing Act 1919, s88B Environmental Planning and Assessment Act 1979, ss 4.46, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Environment Protection and Biodiversity Conservation Act 2016 (CTH) Kiama Local Environmental Plan 2011, cll 4.1, 4.1AA, 6.4 Land and Environment Court Act 1979, s39 Rural Fires Act 1997 s100B State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 cl 5, 14, 15, 21, 25, 40, 42, 43 Texts Cited: Land and Environment Court, COVID-19 Pandemic Arrangements Policy Planning for Bushfire Protection 2019 NSW Rural Fire Service Fire Trail Standards NSW Rural Fire Service Fire Trail Design Construction and Maintenance Manual Category: Principal judgment Parties: Graham Werry (Applicant) Kiama Municipal Council (Respondent) Representation: Counsel: G Farland and T Poisel (Applicant) A Pearman (Respondent)