Ocean Point Assets Pty Limited v Shoalhaven City Council [2022] NSWLEC 1291

Land and Environment Court New South Wales

Medium Neutral Citation: Ocean Point Assets Pty Limited v Shoalhaven City Council [2022] NSWLEC 1291 Hearing dates: 6 - 7 April and 28 April 2022 Date of orders: 8 June 2022 Decision date: 08 June 2022 Jurisdiction: Class 1 Before: McEwen AC Decision: The Court orders that: (1) The appeal is upheld. (2) DA 19/1102 for demolition of existing structures and construction of a manufactured home estate containing 49 dwelling sites, community building, barbecue area, outdoor exercise equipment area, lawn bowling green, twenty-seven (27) visitor parking spaces including one (1) accessible space, landscaping, street tree planting and associated civil infrastructure at 252 Princes Highway, Ulladulla and being Lot 1 DP 784732 is determined by the grant of consent subject to the conditions set out in Annexure "A". (3) Exhibits are returned with the exception of Exhibits B, H, N, 4, 11 and 12 which are retained. Catchwords: DEVELOPMENT APPLICATION – manufactured home estate – State Environmental Planning Policy No 36 – whether adequate transport services will be provided – whether community facilities and services will be available and reasonably accessible to residents – appeal upheld Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Local Government Act 1993 Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021, s 23 Roads Act 1993, s 138 Rural Fires Act 1997, s 100B Shoalhaven Local Environmental Plan 2014, cll 2.3, 2.7, 4.3, 5.1A, 7.1, 7.2, 7.11 Standard Instrument – Principal Local Environmental Plan 2006, s 2.3 State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy No 36 – Manufactured Home Estates, cll 2, 4, 6, 7, 9 State Environmental Planning Policy (Resilience and Hazards) 2021, cll 2.11, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, cl 2.118 Texts Cited: Shoalhaven Development Control Plan 2014 Category: Principal judgment Parties: Ocean Point Assets Pty Limited (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: J Smith (Applicant) A Seton (Solicitor) (Respondent)