NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Prestige Holdings Group Pty Ltd v Shoalhaven City Council [2024] NSWLEC 1579 Hearing dates: Conciliation conference on 3 September 2024 Date of orders: 19 September 2024 Decision date: 19 September 2024 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The applicant is to pay the respondent's costs thrown away as a result of the amendment of the application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed sum of $55,000 in full and final settlement of this order and the Court's earlier orders for costs made on 18 October 2023 and 31 January 2024. (2) The appeal is upheld. (3) Development Application No. DA22/1769 for the staged construction of a residential housing development, comprising a residential flat building with 11 apartments (stage 1) and 20 multi-dwelling townhouses (stage 2), associated accessways, parking facilities, walkways and landscaped areas, is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential housing development in stages – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 s 7.14 Environmental Planning and Assessment Act 1979 ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979 s 34 Environmental Planning and Assessment Regulation 2021 s 28 Biodiversity Conservation Regulation 2017 s 6.7 State Environmental Planning Policy (Housing) 2021 Ch 4 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 s 2.48 Shoalhaven Local Environmental Plan 2014 (LEP 2014) cll 4.3, 7.3 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Prestige Holdings Group Pty Ltd (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: M Staunton (Applicant) P Hudson (Solicitor) (Respondent)
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