INA Operations Pty Limited v MidCoast Council [2023] NSWLEC 1699

Land and Environment Court New South Wales

Medium Neutral Citation: INA Operations Pty Limited v MidCoast Council [2023] NSWLEC 1699 Hearing dates: Conciliation conference on 2 November 2023 Date of orders: 21 November 2023 Decision date: 21 November 2023 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. DA2022/1248 for alterations and additions to an existing caravan park at 321 Boomerang Drive, Blueys Beach (Lot 1 DP 862876) and 3901 The Lakes Way, Boomerang Beach (being part of Lot 83 DP 753168) is determined by the grant of consent subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – caravan park – long-term sites - orders Legislation Cited: Biodiversity Conservation (Savings and Transitional) Regulation 2017, cl 34A Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 4.46, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 37, 67 Great Lakes Local Environmental Plan 2014, cll 2.3, 4.3, 5.21, 7.1, 7.2, 7.5, 7.9, 7.21 Land and Environment Court Act 1979, s 34 Local Government (Caravan Parks and Camping Grounds) Transitional Regulation 1993 Local Government Act 1993 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, Ch4, s 4.9 State Environmental Planning Policy (Housing) 2021, Ch 3, Part 9, ss 131, 133 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch2, s 2.8, 2.10, 2.11, 2.12, 2.13, 4.6 Water Management Act 2000 Cases Cited: Boyded Industries Pty Ltd v The Hills Shire Council [2022] NSWLEC 1297 Texts Cited: MidCoast Council, Great Lakes Development Control Plan 2014 MidCoast Council, Great Lakes Coastal Zone Management Plan, 2016 Midcoast Council Community Engagement Strategy 2022-2025 Category: Principal judgment Parties: INA Operations Pty Limited (Applicant) Mid-Coast Council (Respondent) Representation: Counsel: K Mezinec (Solicitor)(Applicant) M Caban (Solicitor) (Respondent)