Congarinni North Pty Ltd v Nambucca Valley Council [2024] NSWLEC 1141

Land and Environment Court New South Wales

Medium Neutral Citation: Congarinni North Pty Ltd v Nambucca Valley Council [2024] NSWLEC 1141 Hearing dates: 13-14 December 2023 Date of orders: 26 March 2024 Decision date: 26 March 2024 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Development Application No 2021/056 for the demolition of existing structures, bulk earthworks, construction of a seniors housing development comprising of 233 independent living units, ancillary recreational facilities, residential and visitor car parking, landscaping works, and civil infrastructure works including construction of roads, stormwater drainage and water supply works, at 24 Coronation Drive, Congarinni North, is refused. (3) The exhibits, other than Exhibit 1, are returned. Catchwords: DEVELOPMENT APPLICATION – seniors housing development – part of the site is flood affected land – the site is not suitable for the proposed development because a part sheltering in place strategy is not appropriate for seniors due to the vulnerability of the occupants and the likely duration of the isolation period Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34 Nambucca Local Environmental Plan 2010, Sch 1, cll 2.5, 3, 5.21, 7.3 Standard Instrument (Local Environmental Plan) Order 2006, cl 8 Cases Cited: BGP Properties Pty Ltd v Lake Macquarie Council (2004) 138 LGERA 237; [2004] NSWLEC 399 Texts Cited: Nambucca Development Control Plan 2010 Category: Principal judgment Parties: Congarinni North Pty Ltd (Applicant) Nambucca Valley Council (Respondent) Representation: Counsel: N Eastman SC (Applicant) A Seton (Solicitor) (Respondent)