Tracy v Shoalhaven City Council [2024] NSWLEC 1229

Land and Environment Court New South Wales

Medium Neutral Citation: Tracy v Shoalhaven City Council [2024] NSWLEC 1229 Hearing dates: Conciliation conference held on 12, 15 April 2024 Date of orders: 03 May 2024 Decision date: 03 May 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) Leave is granted for the Applicant to amend the development application (DA22/2101) in accordance with the updated plans identified in Condition 1 of Annexure A. (2) The appeal is upheld. (3) Development application DA22/2101, for the construction of a detached residential shed, is approved subject to the conditions of consent set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – new detached shed – amended plans – conciliation conference – agreement between the parties – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.13, 4.15, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, s 23 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Shoalhaven Local Environmental Plan 2014, cll 2.3, 4.3, 7.2, 7.11 Texts Cited: Shoalhaven Development Control Plan 2014 Category: Principal judgment Parties: Glenn Gerard Tracy (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: B Douglas-Baker (Applicant) S Shneider (Solicitor) (Respondent)