Hanson South Coast Pty Ltd v Eurobodalla Shire Council [2009] NSWLEC 1100

Land and Environment Court of New South Wales

CITATION : Hanson South Coast Pty Ltd v Eurobodalla Shire Council [2009] NSWLEC 1100

APPLICANT Hanson South Coast Pty Ltd PARTIES : RESPONDENT Eurobodalla Shire Council

FILE NUMBER(S) : 11328 of 2008

CORAM: Murrell C

KEY ISSUES: CONSENT ORDERS :- satisfaction of deferred commencement consent conditions

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 10/03/2009

EX TEMPORE JUDGMENT DATE : 10 March 2009

APPLICANT Mr P. Rigg, solicitor of Deacons LEGAL REPRESENTATIVES:

RESPONDENT Ms Simonds, solicitor of Sparke Helmore Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

10 March 2009

11328 of 2008 Hanson South Coast Pty Ltd v Eurobodalla Shire Council This determination was given extemporaneously and it has been edited prior to publication

JUDGMENT 1 This is an appeal under s 97 of the Environmental Planning and Assessment Act for a matter that previously was before the Court. It involves land on Sea Acres Drive, Long Beach near Batemans Bay.

2 At that time the Court carried out a site inspection and there was extensive evidence provided to the Court on, in particular, ecological matters and fire matters.

3 There are some 16 parcels to be subdivided with the total land holding being some 26 hectares. The date of the Court's judgment was 2 August 2007 for Appeal No. 10585 of 2006 NSWLEC 493. Given the nature of the issues and the complexities of same, the Court at that time issued a deferred commencement consent whereby the applicant had to satisfy the council by preparing an 'Integrated Environmental Management Plan' known as an IEMP. The IEMP has been provided and it is now to council's satisfaction with some minor amendments that have been accepted by the applicant. The IEMP is an important document in that it is referred to in the s 88E instrument imposed on the titles of the subject site.