Links Nowra Pty Ltd v Shoalhaven City Council [2023] NSWLEC 1794

Land and Environment Court New South Wales

Medium Neutral Citation: Links Nowra Pty Ltd v Shoalhaven City Council [2023] NSWLEC 1794 Hearing dates: 9 and 10 October 2023 Date of orders: 22 December 2023 Decision date: 22 December 2023 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is dismissed. (2) Development application no DA21/2033 for tourist and visitor accommodation with community title subdivision, road works, drainage works and ancillary development at 51 Tea Tree Lane Nowra Hill, as amended, is refused. (3) The exhibits are returned, except for Exhibits 1, 2, A, B and C. Catchwords: DEVELOPMENT APPEAL – tourist and visitor accommodation – local rural character – density – essential services – community title subdivision Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.46, 8.7 Environmental Planning and Assessment Regulation 2000 Water Management Act 2000, s 91 Rural Fires Act 1997, s 100B Shoalhaven Local Environmental Plan 2014, cll 7.11, 7.21 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 Cases Cited: Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 Rothwell Boys Pty Ltd v Coffs Harbour City Council [2012] NSWLEC 19 Wharf 11 Pty Ltd v Sydney City Council [1991] NSWLEC 21 Texts Cited: Shoalhaven Development Control Plan 2014 Category: Principal judgment Parties: Links Nowra Pty Ltd (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) A Seton (Solicitor) (Respondent)