Goolawah Co-operative Limited v Kempsey Shire Council [2022] NSWLEC 1498

Land and Environment Court New South Wales

Medium Neutral Citation: Goolawah Co-operative Limited v Kempsey Shire Council [2022] NSWLEC 1498 Hearing dates: Conciliation conference on 9 & 28 August 2022; 1 September 2022 Date of orders: 20 September 2022 Decision date: 20 September 2022 Jurisdiction: Class 1 Before: McEwen AC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent T6-02-109 for a seventy-eight (78) lot rural landsharing community at 200 Illa Langi Road, Crescent Head NSW (Lot 1 in DP 1191860) and associated roadworks is modified in the terms set out in Annexure 'A'. (3) Development consent T6-02-109 for a seventy-eight (78) lot rural landsharing community at 200 Illa Langi Road, Crescent Head NSW (Lot 1 in DP 1191860) and associated roadworks as modified by the Court is Annexure 'B'. Catchwords: MODIFICATION APPLICATION – alteration to staging of roadworks – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9, 8.10 Environmental Planning & Assessment Regulation 2000, cl 49 Kempsey Local Environmental Plan 2013, cll 5.2, 5.6, 5.8, 5.10, 5.16, 7.1, 7.2, 7.3, 7.4, 7.9, 7.11; Pts 4, 5, 6, 7 Land and Environment Court Act 1979, s 34 State Environment Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Building Sustainability Index BASIX) 2004 State Environmental Planning Policy (Industry and Employment) 2021 State Environmental Planning Policy No. 15 – Rural Landsharing Communities State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Transport and Infrastructure) 2021 Texts Cited: Kempsey Shire Council, 'Comprehensive Koala Plan of Management for Eastern Portion of Kempsey Shire LGA Volume I—The CKPoM (Working Provisions)' (April 2011) Category: Principal judgment Parties: Goolawah Co-operative Limited (Applicant) Kempsey Shire Council (Respondent) Representation: Counsel: P Clarke (Solicitor) (Applicant) A Pickup (Solicitor) (Respondent)