Surf All Day Pty Ltd ACN 627 817 181 v Eurobodalla Shire Council [2024] NSWLEC 1366

Land and Environment Court New South Wales

Medium Neutral Citation: Surf All Day Pty Ltd ACN 627 817 181 v Eurobodalla Shire Council [2024] NSWLEC 1366 Hearing dates: Conciliation conference on 21 June 2024 Date of orders: 02 July 2024 Decision date: 02 July 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The Applicant is granted leave to file the further and amended material specified in Annexure A. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment to DA0619/22 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (3) The appeal is upheld. (4) Development Application No DA0619/22 (as amended) for development described as a two lot subdivision of an existing lot and the construction of multi dwelling housing comprising 5 single storey dwellings and earthworks on land legally described as Lot 82 DP 614216 known as 54 Hawdon Street, Moruya, is determined by the grant of consent, subject to the condition of consent in Annexure B. Catchwords: DEVELOPMENT APPLICATION: conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 Eurobodalla Local Environmental Plan 2022, cll 2.6, 5.21, 6.9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Surf All Day Pty Ltd ACN 627 817 181 (Applicant) Eurobodalla Shire Council (Respondent) Representation: Counsel: R White (Applicant) D Gunter (Solicitor) (Respondent)