Private Property Pty Limited v Mid-Coast Council [2022] NSWLEC 1738

Land and Environment Court New South Wales

Medium Neutral Citation: Private Property Pty Limited v Mid-Coast Council [2022] NSWLEC 1738 Hearing dates: 6, 7 and 28 June 2022 Date of orders: 23 December 2022 Decision date: 23 December 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court directs: (1) the Parties are to file final agreed conditions of consent that are consistent with the conclusions of the Court (see at [171]) by no later than Friday 27 January 2023; (2) this matter is listed for mention on Monday 30 January 2023 at 4:15pm by telephone; (3) if the Parties comply with the terms of the direction above at (1), then the listing on Monday 30 January 2023 will be vacated; (4) the Parties are granted liberty to restore on 3 days' written notice. Catchwords: DEVELOPMENT APPLICATION – proposed pet resort – whether acoustic impacts are acceptable – whether ecology impacts are acceptable – consideration of Applicant's plan of management - conditions of consent. Legislation Cited: Biodiversity Conservation Act 2016, ss 1.3, 7.2, 7.3, 7.5, 7.7 Biodiversity Conservation Regulation 2017, cl 6.7 Conveyancing Act 1919, s 88B Environmental Planning and Assessment Act 1979, ss, 1.7, 4.15, 4.16, 8.2, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 55, 77 Great Lakes Local Environmental Plan 2014, cll 2.3, 5.21, 7.1, 7.2, 7.5 Local Government Act 1993, s 68 Protection of the Environment Operations Act 1997 Rural Fires Act 19972017, s 100B Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021 Standard Instrument (Local Environmental Plans) Order 2006, cl 8 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chps 3, 4, scl 4.16, Pt 3.2 State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy (Koala Habitat Protection) 2020 State Environmental Planning Policy (Koala Habitat Protection) 2021, cl 18 State Environmental Planning Policy (Koala Habitat Protection) 2019 State Environmental Planning Policy (Resilience and Hazards) 2021, sscll 2.10, 2.11, 4.6 State Environmental Planning Policy Amendment (Flood Planning) 2021 State Environmental Planning Policy No 44 – Koala habitat Protection State Environmental Planning Policy No 55 -Remediation of Land, cl 7 Cases Cited: 278 Palmer St Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 165 Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 7 Halcyon Hotels Pty Ltd (93 124 421 199) v Wingecarribee Shire Council [2022] NSWLEC 1221 Renaldo Plus 3 Pty Ltd v Hurstville City Council [2005] NSWLEC 315 Texts Cited: Great Lakes Community Participation Plan 2019 Great Lakes Development Control Plan 2013 Land and Environment Court of NSW, COVID-19 Pandemic Arrangements Policy, April 2021 Mid-Coast Community Participation Plan 2019 NSW Department of Planning, Industry and Environment. Biodiversity Assessment Method 2020 NSW Environment Protection Authority, NSW Industrial Noise Policy, 2000 NSW Environment Protection Authority, Noise Guide for Local Government, 2013 NSW Environment Protection Authority, Noise Policy for Industry, 2017 NSW Rural Fire Service, Planning for Bushfire Protection, 2019 NSW Rural Fire Service, Standards for Asset Protection Zones, 2019 Category: Principal judgment Parties: Private Property Pty Limited (Applicant) Mid-Coast Council (Respondent) Representation: Counsel: A McKelvey (Applicant) A Pickup (Respondent)