Eden Fishermen’s Recreation Club Ltd as Trustee for the EAS Investment Trust v Bega Valley Shire Council [2023] NSWLEC 1132

Land and Environment Court New South Wales

Medium Neutral Citation: Eden Fishermen's Recreation Club Ltd as Trustee for the EAS Investment Trust v Bega Valley Shire Council [2023] NSWLEC 1132 Hearing dates: Conciliation conference on 20 March 2023 Date of orders: 24 March 2023 Decision date: 24 March 2023 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) the appeal is upheld. (2) Modification Application No 2021.251 (PAN-172097), to modify Development Consent No DA 2021.251 relating to land at 215-217 and 221-223 Imlay Street, Eden, is approved such that the consent is modified as set out in Annexure 'A'. (3) As a consequence of Order (2), Development Application No 2021.251 is now subject to the consolidated, modified conditions of development consent set out in Annexure 'B'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15. 4.55, 8.7 Land and Environment Court Act 1979, s 34 Texts Cited: Bega Valley Shire Council's Community Engagement Strategy 2019 Category: Principal judgment Parties: Eden Fishermen's Recreation Club Ltd as Trustee for the EAS Investment Trust (Applicant) Bega Valley Shire Council (Respondent) Representation: Counsel: C Leggat SC with C Koikas (Applicant) S Kondilios (Solicitor) (Respondent)

Solicitors: Kekatos Lawyers (Applicant) Hall and Wilcox (Respondent) File Number(s): 2022/112794 Publication restriction: No