Brookwood Land Pty Ltd v Shoalhaven City Council [2025] NSWLEC 1019

Land and Environment Court New South Wales

Medium Neutral Citation: Brookwood Land Pty Ltd v Shoalhaven City Council [2025] NSWLEC 1019 Hearing dates: 24-26 September 2024, final submissions 21 October 2024 Date of orders: 21 January 2025 Decision date: 21 January 2025 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is dismissed. (2) SF9821, seeking development consent for subdivision of lot 222 DP 1224712 at Sittella Circuit, Bangalee and associated tree clearing and civil works, is refused. (3) The exhibits are returned, with the exception of Exhibits 1, 16, 17 and A-H which are retained. Catchwords: APPEAL – development application – large lot residential land subdivision – application already partially approved – whether consistent with threatened species related concurrence conditions – weighing benefits and impacts – consistency with zone objectives – provision of a conservation lot – impacts on threatened species habitat through vegetation removal Legislation Cited: Biodiversity Conservation Act 2016, Pt 7 Environmental Planning and Assessment Act 1979, ss 79B, 80, 4.16, 8.14, 8.7 Threatened Species Conservation Act 1995 Biodiversity Conservation (Savings and Transitional) Regulation 2017, s 28 Shoalhaven Local Environmental Plan 1985 Cases Cited: BGP Properties Pty Limited v Lake Macquarie City Council (2004) 138 LGERA 237; [2004] NSWLEC 399 Bulga Milbrodale Progress Association Inc v Minister for Planning and Infrastructure and Warkworth Mining Limited (2013) 194 LGERA 347; [2013] NSWLEC 48 Goldcoral Pty Ltd (Receiver and Manager Appointed) v Richmond Valley Council [2024] NSWLEC 77 Hillpalm Pty Ltd v Heaven's Door Pty Ltd (2004) 220 CLR 472; [2004] HCA 59 Category: Principal judgment Parties: Brookwood Land Pty Ltd (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: A Pickles SC and L Sims (Applicant) R O'Gorman-Hughes (Respondent)