BG Sales Huskisson Pty Limited v Shoalhaven City Council [2023] NSWLEC 1684

Land and Environment Court New South Wales

Medium Neutral Citation: BG Sales Huskisson Pty Limited v Shoalhaven City Council [2023] NSWLEC 1684 Hearing dates: 14 and 15 August 2023 Date of orders: 15 November 2023 Decision date: 15 November 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development Consent No DA10/1377 is modified in the terms in Annexure A. (3) Development Consent No DA10/1377 as modified by the Court is Annexure B. Catchwords: DEVELOPMENT APPEAL – modification of development consent for residential flat building – whether substantially the same development – urban design – flooding – public interest – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Shoalhaven Local Environmental Plan 2014 cll 4.3. 4.4, 5.21 Environmental Planning and Assessment Regulation 2000, cl 121B State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Polisy No 65 – Design Quality of Residential Apartment Development Cases Cited: Arrage v Inner West Council [2019] NSWLEC 85 Feldkirchen Pty Ltd v Development Implementation Pty Ltd (2022) 254 LGERA 114; [2022] NSWCA 227 SDHA Pty Ltd v Waverley Council (2015) 209 LGERA 233; [2015] NSWLEC 65 Texts Cited: Shoalhaven City Council, Community Consultation Policy for Development Applications, October 2023 Department of Planning and Environment, Apartment Design Guide, July 2015 Category: Principal judgment Parties: BG Sales Huskisson Pty Limited (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: Dr J Smith (Applicant) R O'Gorman-Hughes (Respondent)