O’Neill v Shoalhaven City Council [2023] NSWLEC 1415

Land and Environment Court New South Wales

Medium Neutral Citation: O'Neill v Shoalhaven City Council [2023] NSWLEC 1415 Hearing dates: Conciliation conference held on 13 July 2023 Date of orders: 01 August 2023 Decision date: 01 August 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA22/2197, as amended, seeking construction of a dwelling with landscaping and associated engineering works on Lot 33 Section 3 Deposited Plan (DP) 22379, also known as 13 Ridge Avenue, Sussex Inlet is determined by grant of consent, and subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – construction of a new dwelling – conciliation conference conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 37 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.8, 2.10, 2.12, 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 Shoalhaven Local Environmental Plan 2014 cll 2.3, 4.3, 4.4, 5.10, 5.21, 7.1, 7.2, 7.6, 7.8 Texts Cited: Shoalhaven Development Control Plan 2014 Category: Principal judgment Parties: Peter O'Neill (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: G Shapiro (Solicitor)(Applicant) A Menyhart (Solicitor)(Respondent)