Soosi Pty Ltd v Shoalhaven City Council [2025] NSWLEC 1050

Land and Environment Court New South Wales

Medium Neutral Citation: Soosi Pty Ltd v Shoalhaven City Council [2025] NSWLEC 1050 Hearing dates: Conciliation Conference held 17 January 2025 Date of orders: 30 January 2025 Decision date: 30 January 2025 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA2024/1113 as amended for the two (2) lot Torrens title subdivision and tree removal at 89 Boorawine Terrace, Callala Bay NSW 2540 is determined by a grant of consent subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPEAL – Torrens title subdivision – tree removal - conciliation conference – agreement between the parties – orders Legislation Cited: Coastal Management Act 2016 Contaminated Land Management Act 1997 Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 Shoalhaven Local Environmental Plan 2014, cl 4.1, 7.1, 7.2, 7.11, 7.20 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 2.12, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.98, 2.120, 2.122 Texts Cited: Shoalhaven City Council Community Participation Plan dated October 2019 Category: Principal judgment Parties: Soosi Pty Ltd ACN 673 725 141 (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: G Pavlis (Solicitor) (Applicant) S Neilson (Solicitor) (Respondent)