Shorehouse Projects Pty Ltd v Wingecarribee Shire Council [2025] NSWLEC 1034

Land and Environment Court New South Wales

Medium Neutral Citation: Shorehouse Projects Pty Ltd v Wingecarribee Shire Council [2025] NSWLEC 1034 Hearing dates: Conciliation conference on 15 January 2025 Date of orders: 23 January 2025 Decision date: 23 January 2025 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (2) The appeal is upheld. (3) Development Application No. DA23/1046, as amended, is determined by the grant of consent, subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPEAL – multi dwelling housing – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.15, 8.7 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Environmental Planning and Assessment Regulation 2021, ss 27, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, s 6.64 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, s 4.2 Wingecarribee Local Environmental Plan 2010, cll 2.3, 2.6, 2.7, 4.1, 7.3 Category: Principal judgment Parties: Shorehouse Projects Pty Ltd (Applicant) Wingecarribbee Shire Council (Respondent) Representation: Counsel: C Koikas (Applicant) L Raffaele (Solicitor) (Respondent)