Rusty Man Pty Ltd v Eurobodalla Shire Council [2024] NSWLEC 1110

Land and Environment Court New South Wales

Medium Neutral Citation: Rusty Man Pty Ltd v Eurobodalla Shire Council [2024] NSWLEC 1110 Hearing dates: Conciliation conference on 24 January 2024 Date of orders: 14 March 2024 Decision date: 14 March 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment to the Application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $8,000. Payment is to be made within 30 days of the Court's order. (2) The appeal is upheld. (3) Development Application No DA0604/23 for the demolition of an existing local heritage item and construction of a mixed use development comprising shop top housing above commercial premises, serviced apartments (tourist and visitor accommodation), basement car parking, strata subdivision and associated site works on land legally identified as Lot 2, DP207494 and Lot 5, section 3, DP758754 known as 121 Campbell Street and 123 Wagonga Street, Narooma, is determined by the grant of consent subject to the conditions of consent in Annexure B. Catchwords: DEVELOPMENT APPLICATION – mixed use development – shop top housing in E1 Local Centre zone – conciliation conference – agreement between parties – orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, ss 4.16, 4.46, 8.7, 8.15 Heritage Act 1977, s 57 Land and Environment Court Act 1979, s 34 Roads Act 1993, ss 7, 138 Strata Schemes Management Act 2015 Environmental Planning and Assessment Regulation 2021, ss 29, 38 Eurobodalla Local Environmental Plan 2012, cll 2.6, 4.3, 4.6, 5.10, 6.3, 6.4, 6.9, 6.11, Sch 5 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Sch 7A State Environmental Planning Policy (Resilience and Hazards) 2021, Pt 2.2, ss 2.10, 2.11, 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.119, 2.120 State Environmental Planning Policy Amendment (Housing) 2023 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cl 28 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide (July 2015) NSW Department of Planning and Environment, Development Near Rail Corridors and Busy Roads – Interim Guidelines (2008) Category: Principal judgment Parties: Rusty Man Pty Ltd (Applicant) Eurobodalla Shire Council (Respondent) Representation: Counsel: A Menyhart (Solicitor) (Applicant) D Gunter (Solicitor) (Respondent)