Brojas Pty Ltd v Shoalhaven City Council [2024] NSWLEC 1162

Land and Environment Court New South Wales

Medium Neutral Citation: Brojas Pty Ltd v Shoalhaven City Council [2024] NSWLEC 1162 Hearing dates: Conciliation conference held on 04 December 2023 Date of orders: 09 April 2024 Decision date: 09 April 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application No DA21/2319 seeking consent for the demolition of existing structures, removal of 6 trees and construction of multi-dwelling housing comprising 10 x 3 bedroom dwellings and associated earthworks, landscaping and strata title subdivision at 22-24 Osborne Street, Nowra is determined by granting development consent subject to the conditions set out in Annexure A. (3) The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 of $7,500 including GST within 21 days of the date of these orders. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2000, cl 55 Shoalhaven Local Environmental Plan 2014, cll 2.6, 7.11 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 4.6 Texts Cited: Shoalhaven Development Control Plan 2014 Category: Principal judgment Parties: Brojas Pty Ltd (First Applicant) Holeshot Pty Ltd (Second Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: M Evans (Solicitor) (Applicants) A Foley (Solicitor) (Respondent)