MVC Nominees Pty Ltd v Shoalhaven City Council [2024] NSWLEC 1123

Land and Environment Court New South Wales

Medium Neutral Citation: MVC Nominees Pty Ltd v Shoalhaven City Council [2024] NSWLEC 1123 Hearing dates: Conciliation conference on 29 January 2024 Date of orders: 20 March 2024 Decision date: 20 March 2024 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicants are to pay those costs of the Respondent that have been thrown away as a result of the Amended Development Application, as agreed or assessed. (2) The Appeal is upheld. (3) Development Application DA-22/1134, as amended, for the demolition of existing structures and construction of a mixed use development including a centre based childcare facility for 114 children, 2 commercial premises (237.6m²), shop top housing comprising 13 dwellings and two levels of basement car parking with stratum and strata subdivision at 89 South Street, Ulladulla, NSW, 2539, legally known as Lot 20 Section 2 in Deposited Plan 759018, is determined by the grant of Development Consent subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – child care centre – shop top housing – amended plans – conciliation conference – agreement reached – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Land and Environment Court Act 1979, ss 34, 34AA Education and Care Services National Regulations 2011 Environmental Planning and Assessment Regulation 2021, s 38 Shoalhaven Local Environmental Plan 2014, cll 4.3, 4.6, 5.21, 7.1, 7.2, 7.11 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development (SEPP 65) State Environmental Planning Policy (Resilience and Hazards), Chapter 2, ss 2.11, 2.14, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 2, s 2.48, and Ch 3, ss 3.23 Category: Principal judgment Parties: MVC Nominees Pty Ltd as the trustee for MVC Unit Trust (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: A Galasso (Applicant) A Menyhart (Solicitor) (Respondent)