Chick and Lim v Shoalhaven City Council [2022] NSWLEC 1706

Land and Environment Court New South Wales

Medium Neutral Citation: Chick and Lim v Shoalhaven City Council [2022] NSWLEC 1706 Hearing dates: Conciliation conference held on 15 November 2022 Date of orders: 16 December 2022 Decision date: 16 December 2022 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA22/1421 seeking alterations, additions and change of use of an existing barn/shed to tourist and visitor accommodation on Lot 4 DP 826805 also known as 80 Boundary Road, Broughton NSW 2535, is determined by grant of consent, subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – Additions and alterations to an existing barn – conciliation conference conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 4.47, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Shoalhaven Local Environmental Plan 2014, cl 2.3 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 3 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4 Texts Cited: Shoalhaven Development Control Plan 2014 Category: Principal judgment Parties: Andrew Jeffry Chick (First Applicant) Rebecca Fui Yee Lim (Second Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: O Yeatman (Solicitor) ((Applicants) S Nielson (Solicitor) (Respondent)