Easter Developments Pty Ltd v Shoalhaven City Council No 2 [2023] NSWLEC 1732

Land and Environment Court New South Wales

Medium Neutral Citation: Easter Developments Pty Ltd v Shoalhaven City Council No 2 [2023] NSWLEC 1732 Hearing dates: 25, 26 and 27 July Date of orders: 05 December 2023 Decision date: 05 December 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application No 21/2577 for demolition of garage and 3 lot Torrens title subdivision at 21 Duncan Street Vincentia is determined by granting consent to the application subject to the conditions in Annexure A. (3) All exhibits are retained. 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 Cases Cited: Easter Developments Pty Ltd v Shoalhaven City Council [2023] NSWLEC 1671 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)

Solicitors: BCP Lawyers & Consultants (Applicant) Shaw Reynolds Lawyers (Respondent) File Number(s): 2022/341747 Publication restriction: No

Judgment 1. COMMISSIONER: On 10 November 2023, I handed down my reasons for judgment in the Class 1 Development Appeal of Easter Developments Pty Ltd v Shoalhaven City Council [2023] NSWLEC 1671 (the judgment) to uphold the appeal and grant consent subject to conditions. 2. I directed the parties to file conditions of consent that reflected my findings at [13] and [113] of the judgment. 3. On 22 November 2023, the parties filed an agreed set of conditions of consent in accordance with my direction. 4. In relation to paragraph [13], Condition 36(e) satisfies my finding in [13] and my findings in [113] are reflected in Condition 1A, Condition 29 and Condition 77. 5. I am satisfied that the conditions reflect my findings in the judgment. 6. It is now appropriate to grant the consent subject to those conditions.