Connect Global Limited v Port Stephens Council [2024] NSWLEC 1637

Land and Environment Court New South Wales

Medium Neutral Citation: Connect Global Limited v Port Stephens Council [2024] NSWLEC 1637 Hearing dates: 11-12 April, 26 April, 1 July 2024, final submissions 23 July 2024 Date of orders: 11 October 2024 Decision date: 11 October 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: In respect of Proceedings 2023/125407: (1) The appeal is upheld. (2) Development Application No DA 16-2022-839-1 for a transitional group home at Fisherman's Village Swan Bay is determined by the grant of consent, for a period of two years, and otherwise subject to the conditions at Annexure A. In respect of Proceedings 2022/259609: (1) Hearing adjourned, pending the issue of an Occupation Certificate pertaining to DA 16-2022-839-1. (2) Listed for Online Court 12 noon 19 December 2024, with parties to advise on status of pre-requisites for Occupation Certificate relating to DA 16-2022-839-1, and provide requests for further orders as relevant. (3) Liberty to restore in the usual manner. Catchwords: APPEAL – development application – transitional group home – drug and alcohol rehabilitation facility – relationship to existing approved tourist accommodation – social impact concerns – conflicting land use concerns – zone objective consistency – lay objections – trial period Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.46, 8.7, 8.18 Rural Fires Act 1997 Port Stephens Local Environmental Plan 2013, cll 5.21, 7.6, 7.9 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 4.8 State Environmental Planning Policy (Housing) 2021, Ch 3, Pt 5, s 62 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.8, 2.10, 2.11, 2.12, 4.6 Cases Cited: R v Ismail; R v Bakri (No 1) [2021] NSWDC 796 R v Esho [2023] NSWDC 195 R v Stewart [2023] NSWDC 469 The Benevolent Society v Waverley Council [2010] NSWLEC 1082 Category: Principal judgment Parties: Connect Global Limited (Applicant) Port Stephens Council (Respondent) Representation: Counsel: M Hall SC (Applicant) M Cottom (Solicitor) (Respondent)