Fountaindale Project Management Pty Ltd v Shellharbour City Council [2024] NSWLEC 1682

Land and Environment Court New South Wales

Medium Neutral Citation: Fountaindale Project Management Pty Ltd v Shellharbour City Council [2024] NSWLEC 1682 Hearing dates: Conciliation conference on 8 October 2024 Date of orders: 29 October 2024 Decision date: 29 October 2024 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA0588/2021 for the demolition of existing structures, tree removal and construction of a single/two-storey, multi- dwelling housing development consisting of 48 dwellings and associated infrastructure at 32 Terry Street Albion Park, legally described as Lot 4 DP 714125, is approved subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – multi-dwelling housing development – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, s 34 Water Management Act 2000 Rural Fires Act 1997 Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021, Sch 6, Pt 1, s 2 Shellharbour Local Environmental Plan 2013, cll 4.1A, 4.3, 4.4, 5.21, 5.22, 6.1, 6.2, 6.9 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 Category: Principal judgment Parties: Fountaindale Project Management Pty Ltd (Applicant) Shellharbour City Council (Respondent) Representation: Counsel: M Young (Solicitor) (Applicant) A Kliese (Solicitor) (Respondent)