Enzo Developments Pty Ltd v Kiama Municipal Council [2025] NSWLEC 1092

Land and Environment Court New South Wales

Medium Neutral Citation: Enzo Developments Pty Ltd v Kiama Municipal Council [2025] NSWLEC 1092 Hearing dates: 26 & 27 November 2024 Date of orders: 20 February 2025 Decision date: 20 February 2025 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) The appeal is upheld. (2) Development application DA 10.2023.109.1 for the continuing use of an existing orchard, and construction of a netting structure around and over the existing orchard, at 92 Jerrara Road, Jerrara, legally described as Lot 202 DP 1095943, is determined by the grant of consent subject to the conditions at Annexure A. (3) Exhibits C, E, 2, 4, 5 and 8 are returned. All other exhibits are retained. Catchwords: DEVELOPMENT APPLICATION – continued use of an existing orchard and construction of orchard netting – view sharing principles – impacts on adjacent heritage item Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 4.15 Kiama Local Environmental Plan 2011, cll 6.2, 6.5 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Tenacity Consulting v Warringah [2004] NSWLEC 140 Texts Cited: Kiama Development Control Plan 2020 Category: Principal judgment Parties: Enzo Developments Pty Ltd (Applicant) Kiama Municipal Council (Respondent) Representation: Counsel: N Eastman SC (Applicant) A Seton (Solicitor) (Respondent)

Solicitors: Pikes and Verekers (Applicant) Marsdens Law Group (Respondent) File Number(s): 2024/106583 Publication restriction: No