NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Adam Sturt v Shoalhaven City Council [2023] NSWLEC 1809 Hearing dates: 23 February 2024 Date of orders: 16 April 2024 Decision date: 16 April 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is upheld. (2) Development Consent No. DA22/1985 is modified in the terms in Annexure A. (3) Development Consent No. DA22/1985 as modified by the Court is Annexure B. (4) The exhibits are returned with the exception of Ex 1, 8, C and D, which are retained. Catchwords: MODIFICATION APPLICATION – two storey dwelling – breach of building height control – visual massing – foreshore location concerns – neighbour objections Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55 Land and Environment Court Act 1979, s 34AA Environmental Planning and Assessment Regulation 2021, s 113 Shoalhaven Local Environmental Plan 2014 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11 Texts Cited: Shoalhaven Development Control Plan 2014, Ch G6, s 5.2.2 and Ch G12 Category: Principal judgment Parties: Adam Sturt (First Applicant) Sarah Sturt (Second Applicant)
Shoalhaven City Council (Respondent) Representation: Counsel: J Smith (Applicants) R O'Gorman-Hughes (Respondent)
Solicitors: Foundation Law Group (Applicant) Shaw Reynolds Lawyers (Respondent) File Number(s): 2023/216058 Publication restriction: Nil
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