NHP Berry HL762 Pty Ltd v Shoalhaven City Council [2024] NSWLEC 1786

Land and Environment Court New South Wales

Medium Neutral Citation: NHP Berry HL762 Pty Ltd v Shoalhaven City Council [2024] NSWLEC 1786 Hearing dates: Conciliation conferences on 20-21 November 2024 Date of orders: 06 December 2024 Decision date: 06 December 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: 1) The appeal is upheld. 2) Development Application SF10965, as amended, for the staged residential subdivision to create 118 Torrens title allotments at Lot 762 and Lot 763 of DP 1224932 Hitchcocks Lane, Lot 15 and 16 of DP1188080 Princes Highway and Lot 6 of DP1070867 Princes Highway, Berry is granted consent, subject to the conditions of consent annexed at Annexure A. Catchwords: DEVELOPMENT APPEAL – subdivision - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16,4.46, 7.4, 8.7 Land and Environment Court Act 1979, s 34, 39 Rural Fires Act 1997, s 100B Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 Shoalhaven Local Environmental Plan 2014, cll 2.3, 4.1, 4.1E, 5.3, 5.16, 5.21, 7.1, 7.2, 7.6, 7.11 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure 2021, 2.48, 2.119, 2.120, 2.138 Texts Cited: NSW Department of Planning, Industry and Environment - Development Near Rail Corridors and Busy Roads Guidelines 2008 Planning for Bush Fire Protection 2019 Category: Principal judgment Parties: NHP Berry HL762 Pty Ltd (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: N Eastman SC (Applicant) S Seton (Solicitor) (Respondent)