Dahua Group Sydney Project 6 Pty Ltd v Shellharbour City Council [2024] NSWLEC 1814

Land and Environment Court New South Wales

Medium Neutral Citation: Dahua Group Sydney Project 6 Pty Ltd v Shellharbour City Council [2024] NSWLEC 1814 Hearing dates: 2 - 6 September 2024 Date of orders: 18 December 2024 Decision date: 18 December 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as agreed or assessment arising from the amendment of the plans for which leave was granted on 2 September 2024. (2) The appeal is dismissed. (3) Development application No. 473/2022 seeking demolition of existing structures, residential Torrens title subdivision, bulk earthworks, tree removal, civil construction of roads and drainage basins, a new bridge between Foxground Parade and Araluen Terrace, verge landscaping works dedication of a public park, roads, services and stormwater drainage infrastructure, and creation of residue parcels at Lot 132 and 133 in DP 1261585 known as Stages 5-9 at 1881 Tullimbar is determined by way of refusal. (4) The Exhibits are returned with the exception of Exhibits 2, A, C and D. Catchwords: DEVELOPMENT APPLICATION – Subdivision – integrated development – absence of integrated authority approvals – bushfire prone land – adequacy of proposed bushfire safety measures – adequacy of information about potential impacts on Aboriginal heritage arising from the development – the anticipated bridge/crossing over Hazelton Creek – the traffic impacts of the development – appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.46, 4.47, 7.11, 8.14, 8.15 Land and Environment Court Act 1979, ss 34, 39 National Parks and Wildlife Act 197, ss 90, 90K, Pt 6, Div 2 Rural Fires Act 1997, s 100B Shellharbour Local Environmental Plan 2013, cl 6.2 Shellharbour Local Environmental Plan 2000 Rural Fires Regulation 2022, cl 45 Cases Cited: Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 Cameron v Nambucca Shire Council (1997) 95 LGERA 268 Darkinjung Local Aboriginal Land Council v Minister for Planning and Infrastructure & Anor; Australian Walkabout Wildlife Park Pty Limited (ACN 115 219 791) as Trustee for the Gerald and Catherine Barnard Family Trust v Minister for Planning and Infrastructure & Anor [2015] NSWLEC 1465 Fairfield City Council v N & S Oliveri P/L [2003] NSWCA 41 Kur ring gai v Twibill and Associates (1979) 39 LGRA 154 Ku-ring-gai Council v Bunnings Properties Pty Ltd (2019) 236 LGERA 35; [2019] NSWCA 28 Maule v Liproni and Anor (2002) 122 LGERA 140; [2002] NSWLEC 25 Nessdee Pty Limited v Orange City Council [2017] NSWLEC 158 Newbury District Council v Secretary of State for the Environment [1981] AC 578 North Western Surveys Pty Limited v Penrith City Council [2012] NSWLEC 1017 Parramatta City Council v Hale (1982) 47 LGRA 319 Shoalhaven City Council v Easter Developments Pty Limited (2024) 261 LGERA 35; [2024] NSWLEC 49 Weal v Bathurst City Council (2000) 111 LGERA 181; [2000] NSWCA 88 Texts Cited: Shellharbour Development Control Plan 2013 NSW Rural Fire Service, Planning for Bushfire Protection 2019 Australian Standard, AS 2419.1.2021 Category: Principal judgment Parties: Dahua Group Sydney Project 6 Pty Ltd (Applicant) Shellharbour Council (Respondent) Representation: Counsel: A Stafford (Applicant) A Seton (Solicitor) (Respondent)