Easter Developments Pty Ltd v Shoalhaven City Council [2023] NSWLEC 1671

Land and Environment Court New South Wales

Medium Neutral Citation: Easter Developments Pty Ltd v Shoalhaven City Council [2023] NSWLEC 1671 Hearing dates: 25, 26 and 27 July Date of orders: 10 November 2023 Decision date: 10 November 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court directs that: (1) By 1 December 2023, the parties are to file conditions that reflect my findings at [13] and [113]. (2) Liberty to restore is available in the normal manner, and Online Court submissions can be made should there be agreed modifications to the timetable above. The Court orders that: (1) The matter is listed for Online Court at 12pm, 1 December 2023. Catchwords: DEVELOPMENT APPEAL – Subdivision – minimum lot size and lot shape – flood prone land – bushfire prone land – reliance on public land for bushfire asset protection – integrated development – no bushfire safety authority from NSW Rural Fire Service – orders Legislation Cited: Coastal Management Act 2016 Conveyancing Act 1919, ss 88B, 88K Environmental Planning and Assessment Act 1979, ss 4.15, 4.46, 4.47, 8.7 Land and Environment Court Act 1979, ss 34, 39, 40 Local Government Act 1993 ss 26, 36 Rural Fires Act 1997, ss 52, 63, 100B Shoalhaven Local Environmental Plan 2014, cll 1.2, 2.6, 4.1, 5.21, 7.1, 7.11 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.8, 2.10, 4.6 Cases Cited: Parrott v Kiama [2004] NSWLEC 77 revised - 16/03/2004 Texts Cited: NSW Rural Fire Service, Planning for Bush Fire Protection, November 2019 Shoalhaven Development Control Plan 2014 WMA Water, Currambene and Moona Moona Creek Floodplain Risk Management Study, April 2016 Category: Principal judgment Parties: Easter Developments Pty Ltd ACN 608 163 122 (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: A Pearman (Applicant) T March (Respondent)