Moore v Shoalhaven City Council [2024] NSWLEC 1664

Land and Environment Court New South Wales

Medium Neutral Citation: Moore v Shoalhaven City Council [2024] NSWLEC 1664 Hearing dates: Conciliation conference on 12 September 2024 Date of orders: 22 October 2024 Decision date: 22 October 2024 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application SF10955 for a 2 lot Torrens Title subdivision and associated driveway, onsite effluent disposal and landscaping works (the Proposed Development) on land known as 57 Wandean Road, Wandandian NSW 2540, also known as Lot 1 in Deposited Plan 1268021 is determined by grant of consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – Torrens title subdivision – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 s 7.3 Environmental Planning and Assessment Act 1979 ss 4.16, 8.7 Land and Environment Court Act 1979 s 34 Rural Fires Act 1997 s 100B Shoalhaven Local Environmental Plan 2014 cll 2.6, 4.2B, 7.1, 7.5, 7.6, 7.11 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 Texts Cited: Shoalhaven City Council Community Participation Plan 2019 Category: Principal judgment Parties: Adam Moore (First Applicant) Stacey Moore (Second Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: J Cole (Solicitor) (Applicant) A Kliese (Solicitor) (Respondent)