Comsult Pty Limited ATF McAnulty Family Trust v Shoalhaven City Council [2024] NSWLEC 1254

Land and Environment Court New South Wales

Medium Neutral Citation: Comsult Pty Limited ATF McAnulty Family Trust v Shoalhaven City Council [2024] NSWLEC 1254 Hearing dates: Conciliation conference held on 28 March 2024 Date of orders: 16 May 2024 Decision date: 16 May 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay $4000 to the Respondent, being the agreed costs of the consent authority thrown away as a result of the amendment of the application, within 21 days of the date these orders are made (2) The appeal is upheld. (3) Development Application No. DA23/1352 lodged with the Respondent on 12 May 2023 (DA), for the construction of multi dwelling housing – three (3) dwellings on land known as 23 Parker Crescent, Berry, also known as Lot 331 DP 1226462, is approved subject to conditions set out in 'Annexure A'. Catchwords: APPEAL – development application – multi dwelling housing – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34 Shoalhaven Local Environmental Plan 2014, cll 4.1A, 4.3, 7.2, 7.11 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Environmental Planning and Assessment Regulation 2021, ss 27, 37, 38 Category: Principal judgment Parties: Comsult Pty Limited ATF McAnulty Family Trust (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: J Smith (Applicant) A Brickhill (Solicitor) (Respondent)