Easter Developments Pty Ltd v Shoalhaven City Council [2024] NSWLEC 1676

Land and Environment Court New South Wales

Medium Neutral Citation: Easter Developments Pty Ltd v Shoalhaven City Council [2024] NSWLEC 1676 Hearing dates: 26 August 2024 Date of orders: 24 October 2024 Decision date: 24 October 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that (1) The appeal is dismissed. (2) Development application No 21/2577 for demolition of garage and 3 lot Torrens title subdivision at 21 Duncan Street Vincentia is determined by the refusal of consent. (3) All exhibits are retained. Catchwords: DEVELOPMENT APPEAL – remitted matter – Torrens title subdivision – bushfire prone land – reliance on public land for bushfire asset protection – integrated development – no bushfire safety authority from NSW Rural Fire Service – merit assessment of whether the site is suitable for the proposed development through the lens of Planning for Bushfire Protection 2019 - orders Legislation Cited: Conveyancing Act 1919, s 88B Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 8.14 Land and Environment Court Act 1979, ss 39, 56A Local Government Act 1993, ss 25, 36 Rural Fires Act 1997, ss 63, 100A, 100B Rural Fires Regulation 2022, ss 15, 42, 45 Cases Cited: Easter Developments Pty Ltd v Shoalhaven City Council [2023] NSWLEC 1671 Easter Developments Pty Ltd v Shoalhaven City Council No 2 [2023] NSWLEC 1732 Shoalhaven City Council v Easter Developments Pty Limited [2024] NSWLEC 49 Texts Cited: Planning for Bush Fire Protection 2019 Category: Principal judgment Parties: Easter Developments Pty Ltd ACN 608 163 122 (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: A Pearman (Applicant) T March (Respondent)