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. Orders 1. 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. 1. All exhibits are retained. E Espinosa Commissioner of the Court ********** Annexure A DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 05 December 2023