Depot Ventures Pty Ltd v Shoalhaven City Council [2025] NSWLEC 1091

Land and Environment Court New South Wales

Medium Neutral Citation: Depot Ventures Pty Ltd v Shoalhaven City Council [2025] NSWLEC 1091 Hearing dates: 19, 20 and 21 November 2024 Date of orders: 21 February 2025 Decision date: 21 February 2025 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application DA23/1693; RA23/1003, PPSSTH-304 for 14 lot subdivision, including creation of a conservation lot, and construction of multi-dwelling housing (32 dwellings) on proposed lots 6 and 9, and associated civil works, earthworks and vegetation clearing at Depot Road, West Nowra being lot 425 in DP 720906, Rainford Road, West Nowra being lot 426 in DP 720906 and part of Deport Road reserve subject to the conditions of consent in Annexure A. (3) All exhibits are retained. Catchwords: DEVELOPMENT APPEAL –Torrens title subdivision – whether appropriate to identify individual existing trees on the site analysis plan – impact on amenity and environment – biodiversity – floor space ratio control in Development Control Plan – orders Legislation Cited: Biodiversity Conservation Act 2016, s 7.13 Environmental Planning and Assessment Act 1979, ss 4.15, 4.17, 8.7 Local Government Act 1993, s 49 Shoalhaven Local Environmental Plan 2014 Cases Cited: 90 Croatia Properties Pty Ltd v Liverpool City Council [2021] NSWLEC 1177 Davies v Penrith City Council [2013] NSWLEC 1141 Shoalhaven City Council v Southern Cross Community Housing Ltd [2010] NSWLEC 1306 Zhang v Canterbury City Council (2001) 51 NSWLR 589; [2001] NSWCA 167 Texts Cited: Shoalhaven Development Control Plan 2014 Logan River Tree Farm, "Bag and Plant Size Information" https://www.loganrivertreefarm.com.au/bag-sizes/ accessed 17 February 2025 Saving Our Trees – Marrickville municipality, "She Oaks versus Silky Oaks" https://savingourtrees.wordpress.com/tag/she-oak/#:~:text=Developers%20like%20to%20plant% 20Casuarinas,the%20water%20from%20any%20rain accessed 17 February 2025 Category: Principal judgment Parties: Depot Ventures Pty Ltd ABN 36 629 583 811 (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) R O'Gorman-Hughes (Respondent)