Benson Avenue Pty Ltd v Council of the City of Shellharbour [2024] NSWLEC 1648

Land and Environment Court New South Wales

Medium Neutral Citation: Benson Avenue Pty Ltd v Council of the City of Shellharbour [2024] NSWLEC 1648 Hearing dates: Conciliation conference held 27 September 2024 Date of orders: 16 October 2024 Decision date: 16 October 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court order that: (1) Owner's consent is granted with respect to the lodgement of the development application in regard to Concept Development Application DA0544/2021, as amended, for drainage works on the adjoining Council owned land at Lot 2001 in Deposited Plan 1250959. (2) The appeal is upheld. (3) The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $25,000 within 28 days of judgment being handed down. (4) Concept Development Application DA0544/2021, as amended, for a concept proposal of a masterplan of the site in the form of a 'Precinct Development Strategy' including subdivision layout, road locations, building envelopes for each proposed allotment, civil and drainage works, and tree removal, and detailed Stage 1 works for civil and associated drainage works, tree removal and a Torrens title subdivision of the site at 13 Benson Avenue, Shellharbour City Centre, and drainage works on the adjoining Council owned land at Lot 2001 in Deposited Plan 1250959 is determined by a grant of consent subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, s 7.7 Environmental Planning and Assessment Act 1979, Div 4.4, ss 4.15, 4.17, 4.22, 4.46, 8.7, 8.15 Land and Environment Court Act 1979, ss 34, 39 Roads Act 1993, s 138 Environmental Planning and Assessment Regulation 2000, cll 50, 97 Shellharbour Local Environmental Plan 2000, cll 23, 25, 77, 91, Sch 4 Shellharbour Local Environmental Plan 2013, cll 1.3 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 3, 4 State Environmental Planning Policy (Housing) 2021, Ch 4, s 147, Sch 7A State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Cases Cited: HP Subsidiary Pty Ltd v City of Parramatta Council [2020] NSWLEC 135 McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183 Texts Cited: NSW Department of Panning and Environment, Apartment Design Guide, July 2015 Category: Principal judgment Parties: Benson Avenue Pty Ltd (Applicant) Council of the City of Shellharbour (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) J Kingston (Solicitor) (Respondent)