JFPG013 Pty Ltd (ACN 655 002 387) ATF JFPG013 Unit Trust v Shoalhaven City Council [2023] NSWLEC 1539

Land and Environment Court New South Wales

Medium Neutral Citation: JFPG013 Pty Ltd (ACN 655 002 387) ATF JFPG013 Unit Trust v Shoalhaven City Council [2023] NSWLEC 1539 Hearing dates: Conciliation conference on 15 September 2023 Date of orders: 19 September 2023 Decision date: 19 September 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No DA22/2061 for the construction of an eight unit multi dwelling housing development and associated works at 8-10 Davies Street, Mollymook, subject to the conditions of consent at Annexure B. Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing development in R3 Medium Density Residential zone – conciliation conference – agreement between parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021 Land and Environment Court Act 1979, s 34 Shoalhaven Local Environmental Plan 2014, cll 4.1A, 4.3, 4.4, 7.1, 7.2, 7.4, 7.11 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.10, 4.6 Category: Principal judgment Parties: JFPG013 Pty Ltd (ACN 655 002 387) ATF JFPG013 Unit Trust (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: N Nadj (Solicitor) (Applicant) S Neilson (Solicitor) (Respondent)