Feros Hotel Group Pty Limited v Shoalhaven City Council [2025] NSWLEC 1052

Land and Environment Court New South Wales

Medium Neutral Citation: Feros Hotel Group Pty Limited v Shoalhaven City Council [2025] NSWLEC 1052 Hearing dates: 13, 16 and 24 December 2024 and 29 January 2025 Date of orders: 30 January 2025 Decision date: 30 January 2025 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Development Application No. RA/23/1002 for alterations and additions to the Berry Hotel at 120 and 122 Queen Street and 79-83 Princess Street, Berry, including expansion onto 122 Queen Street, Berry, construction of new hotel accommodation, consolidation of 4 lots, associated parking and landscaping, and formalisation of access and parking on 77 Princess Street, Berry, is refused. (3) The exhibits, other than Exhibits 4 and C, are returned. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to an existing hotel – adverse impact on the identified heritage significance of the hotel; adverse heritage impact on the character and significance of the heritage conservation area Legislation Cited: Environmental Planning and Assessment Act 1979, ss 3.43, 8.7, 8.15 Land and Environment Court Act 1979, ss 34, 39 Civil Procedures Act 2005, s 56 Environmental Planning and Assessment Regulation 2021, s 38 Shoalhaven Local Environmental Plan 2014 (LEP 2014), cl 5.10, Sch 5 Texts Cited: Shoalhaven Development Control Plan Category: Principal judgment Parties: Feros Hotel Group Pty Limited (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) N Hammond (Respondent)