Benaughton Calderwood Pty Ltd v Shellharbour City Council [2024] NSWLEC 1271

Land and Environment Court New South Wales

Medium Neutral Citation: Benaughton Calderwood Pty Ltd v Shellharbour City Council [2024] NSWLEC 1271 Hearing dates: Conciliation conference 30 April 2024, final submissions 16 May 2024 Date of orders: 22 May 2024 Decision date: 22 May 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is allowed to file the amended application, and the Applicant is to pay the First Respondent's costs thrown away as a result of the amendment, as agreed or assessed. (2) The appeal is upheld. (3) Development Application 0557/2017, which seeks consent for the demolition of existing residential and farm structures; subdivision of the site into 223 residential lots with roads, open space, riparian corridors and drainage reserves over 6 stages; location / conceptual configuration for a combined District and Local Park; tree removal; remediation of the site; and Bulk earthworks and civil engineering works, including roadworks, drainage, utilities and riparian corridor works and associated landscape works at 128 North Macquarie Road, Calderwood (Lot 100 in DP 1251724) is determined by the grant of consent, subject to the conditions of consent in Annexure B. Catchwords: APPEAL – land subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, ss 7.7, 7.13 Environmental Planning and Assessment Act 1979, ss 4.15, 4.46, 4.47, 8.7, 8.15, 75O Fisheries Management Act 1994, s 201 Land and Environment Court Act 1979, s 34 National Parks and Wildlife Act 1974, s 90 Rural Fires Act 1997, s 100B Water Management Act 2000, s 91 Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017, Sch 2, cl 3B Environmental Planning and Assessment Regulation 2000, cl 55 State Environmental Planning Policy (Precincts - Regional) 2021, Appendix 5, ss 17, 17A, 26, 27, 28, 30 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.122 State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023 Cases Cited: McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183 Category: Principal judgment Parties: Benaughton Calderwood Pty Ltd (Applicant) Shellharbour City Council (First Respondent) Lendlease Communities (Calderwood) Pty Ltd (Second Respondent) Representation: Counsel: P Tomasetti SC (Applicant) A Seton (Solicitor) (First Respondent) T March (Second Respondent)