R and G Creations Pty Ltd v Shoalhaven City Council [2023] NSWLEC 1030

Land and Environment Court New South Wales

Medium Neutral Citation: R and G Creations Pty Ltd v Shoalhaven City Council [2023] NSWLEC 1030 Hearing dates: Conciliation conference on 24 January 2023 Date of orders: 27 January 2023 Decision date: 27 January 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Applicant is granted leave to amend Development Application Number DA20/1466 to rely on the amended plans and documents identified in Annexure A. (2) In accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of the amendments referred to in order (1) above, as agreed or assessed. (3) The appeal is upheld. (4) Development Application Number DA20/1466 for the demolition of existing motel and construction of a 28 unit Residential Flat Building with swimming pool, associated parking, landscaping and stormwater works on Lot 1 DP 518702, Lot 2 DP 518702 and Lot 3 DP 523625 known as 8-12 Princes Highway, Mollymook NSW 2539, is approved subject to the conditions set out at Annexure B. Catchwords: APPEAL – development application – residential flat building – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 50, 55, Sch 1 Environmental Planning and Assessment Regulation 2021 Land and Environment Court Act 1979, s 34 Roads Act 1993, s 138 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 Shoalhaven Local Environmental Plan 2014, cll 4.3, 7.2 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 28, 30 Category: Principal judgment Parties: R and G Creations Pty Ltd (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: O Yeatman (Solicitor) (Applicant) A Brickhill (Solicitor) (Respondent)