St Georges Basin Development Pty Ltd v Shoalhaven City Council [2022] NSWLEC 1669

Land and Environment Court New South Wales

Medium Neutral Citation: St Georges Basin Development Pty Ltd v Shoalhaven City Council [2022] NSWLEC 1669 Hearing dates: Conciliation Conference, 26 September, 17 November 2022 Date of orders: 02 December 2022 Decision date: 02 December 2022 Jurisdiction: Class 1 Before: Dickson C Decision: Matter Number 2021/361596: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away as agreed or assessed as a result of the amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development consent is granted to development application DA21/1480 for the staged construction of 21 multi dwelling housing dwellings at proposed lots 201-208, 301-306 and 401-406 in development consent SF 10956 over lot 68, 69 in DP 25550 and Lot 4 in DP 785956 at Crowea Road, Saltmarsh Rise and Cape Crescent, St Georges Basin, subject to the conditions at Annexure A. Matter Number: 2022/ 259445: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away as agreed or assessed as a result of the amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development consent is granted to development consent SF 10956 for Torrens title subdivision of proposed lots 2,3 and 4 in development consent SF9847 over lot 68, 69 in DP 25550 and Lot 4 in DP 785956 to create 21 lots and 1 residue lot (for a future commercial/mixed use development) at Crowea Road, Saltmarsh Rise and Cape Crescent, St Georges Basin subject to the conditions at Annexure B. Catchwords: DEVELOPMENT APPLICATION: staged construction of multi dwelling housing – amended plans – agreement between the parties – orders made. SUBDIVISION APPLICATION: further subdivision of estate – no physical works proposed – amendment to incorporate residue parcel for future commercial use. Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 8.7, Environmental Planning and Assessment Regulation 2000 cl 55 Land and Environment Court Act 1979 s 34 Rural Fires Act 1997 s 100B. Shoalhaven Local Environmental Plan 2014 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 ss 2.10, 4.6 State Environmental Planning Policy No 55—Remediation of Land 1998 Category: Principal judgment Parties: St Georges Basin Developments Pty Ltd (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: J Reid (Applicant) J Smith (Respondent)