Serenitas Management Pty Ltd v MidCoast Council [2023] NSWLEC 1257

Land and Environment Court New South Wales

Medium Neutral Citation: Serenitas Management Pty Ltd v MidCoast Council [2023] NSWLEC 1257 Hearing dates: Conciliation conference held on 5 May 2023 Date of orders: 31 May 2023 Decision date: 31 May 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The Applicant is granted leave to rely upon the amended plans and documents described in Condition 1 of Annexure A. (2) The appeal is upheld. (3) Development Application DA2022/0188, as amended seeking removal of vegetation, drainage and earthworks to prepare a site for a Manufactured Home Estate, referred to as a Lifestyle Resort comprising 163 sites, with parking, drainage and road infrastructure on Lot 2 Deposited Plan (DP) 614397, also known as 70 Carmona Lane, Forster, and construction of a public road over the adjoining Lot 305 DP 1240455, from The Southern Parkway towards the eastern boundary of the site is determined by the grant of consent, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – manufactured housing estate – ecological and hydrological assessment - conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 4.47, 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 37 Great Lakes Local Environmental Plan 2014, cll 2.3, 5.1, 5.21,7.1,7.2,7.7,7.21 Land and Environment Court Act 1979, s34 Local Government Act 1993, s 68 Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 Rural Fires Act 1997, s100B Roads Act 1993, s 138 State Environmental Planning Policy (Housing) 2021, s 125 State Environmental Planning Policy (Koala Habitat Protection) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, ss 2.10, 4.6, Ch 4 Water Management Act 2000, s 91 Texts Cited: Great Lakes Development Control Plan 2014 Category: Principal judgment Parties: Serenitas Management Pty Ltd (Applicant) MidCoast Council (Respondent) Representation: Counsel: N Eastman (Applicant) H Irish (Respondent)