Prochilo v Shoalhaven City Council [2006] NSWLEC 811

Land and Environment Court of New South Wales

CITATION : Prochilo v Shoalhaven City Council [2006] NSWLEC 811

APPLICANT Guy Prochilo PARTIES : RESPONDENT Shoalhaven City Council

FILE NUMBER(S) : 11139 of 2005

CORAM: Moore C

KEY ISSUES: Development Application :- Coastal hazard assessment

LEGISLATION CITED: DCP 62 Coastal Villages Development Control Plan

CASES CITED: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 172; Hurstville City Council v Renaldo Plus 3 Pty Ltd [2006] NSWCA 248

DATES OF HEARING: 1 and 6 December 2006

EX TEMPORE JUDGMENT DATE : 12/06/2006

APPLICANT Mr J Maston, barrister INSTRUCTED BY LEGAL REPRESENTATIVES: Maclarens Lawyers

RESPONDENT Mr G Gleeson, solicitor Morton& Harris

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

6 December 2006

05/11139 Guy Prochilo v Shoalhaven City Council

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. The consequence of the Court's decision in this appeal will be the grant of development consent subject to detailed conditions. These conditions are not reproduced as part of this decision but will be available for inspection at the Council. In addition, a copy the Court's Orders and the conditions may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/