Fountaindale Project Management Pty Ltd v Kiama Municipal Council [2024] NSWLEC 1225

Land and Environment Court New South Wales

Medium Neutral Citation: Fountaindale Project Management Pty Ltd v Kiama Municipal Council [2024] NSWLEC 1225 Hearing dates: Conciliation conference on 17 and 23 April 2024 Date of orders: 01 May 2024 Decision date: 01 May 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application DA10.2021.26.1 seeking consent for Torrens title subdivision of land to create 50 residential lots, signage, roads and related infrastructure at 15 Golden Valley Road and 705 Jamberoo Road Jamberoo on land legally described (respectively) as Lot 2 & Part Lot 3 DP 626183 and Part Lot 1 & Part Lot 3 in DP 798624 is determined by the grant of development consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – land subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.46, 8.7 Land and Environment Court Act 1979, s 34 National Parks and Wildlife Act 1974, s 90 Rural Fires Act 1997 Sydney Water Act 1994 Environmental Planning and Assessment Regulation 2000, cl 55 Kiama Local Environmental Plan 2011, cll 2.6, 5.10, 5.21, 6.12 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, cl 2.48 Category: Principal judgment Parties: Fountaindale Project Management Pty Ltd (Applicant) Kiama Municipal Council (Respondent) Representation: Counsel: M Young (Solicitor) (Applicant) S Puckeridge (Solicitor) (Respondent)