Zervos Nominees NSW Pty Ltd v Shoalhaven City Council [2023] NSWLEC 1498

Land and Environment Court New South Wales

Medium Neutral Citation: Zervos Nominees NSW Pty Ltd v Shoalhaven City Council [2023] NSWLEC 1498 Hearing dates: Conciliation Conference 17 May, 8 June and 25 July 2023 Date of orders: 05 September 2023 Decision date: 05 September 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The Applicant's written request prepared by Jervis Bay Town Planning, dated 31 May 2023, pursuant to cl 4.6 of the Shoalhaven Local Environmental Plan 2014 to vary the height development standard in cl 4.3 of the Shoalhaven Local Environmental Plan 2014 is upheld. (2) The appeal is upheld. (3) The Applicant is to pay the Respondent's costs thrown away as a result of the amendments made in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed sum of $15,000 within 60 days. (4) Development Application No DA16/1465 (as amended) for the demolition of existing structures and construction of a mixed use development consisting of 53 apartments including 12 x 3-bedroom, 31 x 2-bedroom and 10 x 1-bedroom apartments, a basement car parking area and 3 commercial tenancies at ground floor at 2-4 Albatross Road and 173 Kinghorne Street, Nowra, is determined by granting consent subject to the conditions of consent annexed hereto and marked Annexure A. Catchwords: DEVELOPMENT APPEAL – mixed use development – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2000, cll 49, 50, 55 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, 4.6, 7.11 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Zervos Nominees NSW Pty Ltd (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: R O'Gorman-Hughes (Applicant) P Hudson (Solicitor)(Respondent)