Shoal Bay Developments Pty Ltd & Anor v Port Stephens Council [2015] NSWLEC 1401

Land and Environment Court New South Wales

Medium Neutral Citation: Shoal Bay Developments Pty Ltd & Anor v Port Stephens Council [2015] NSWLEC 1401 Hearing dates: 28, 29, 30 April, 25 May 2015 Date of orders: 30 September 2015 Decision date: 30 September 2015 Jurisdiction: Class 1 Before: Pearson C Speers AC Decision: 1. The appeal is dismissed. 2. The application to modify Development Consent (Application No 16-1999-2013-1) for an urban housing development at 2 Dowling Street and 7 Donald Street Nelson Bay is refused. 3. The exhibits, except for Exhibits 1, 4, A, B, D, L, M and N, are returned. Catchwords: DEVELOPMENT MODIFICATION – Residential development – Wick drainage system – Application to modify development consent to reflect actual installation – Impacts on development from flooding Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Uniform Civil Procedure Rules 2005 State Environmental Planning Policy No 71 – Coastal Protection Port Stephens Local Environmental Plan 2000 Port Stephens Local Environmental Plan 2013 Cases Cited: Melaleuca Estate Pty Ltd v Port Stephens Shire Council [2004] NSWSC 415 Melaleuca Estate Pty Ltd v Port Stephens Council (2006) 143 LGERA 319 North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468 Shoal Bay Developments Pty Ltd v Port Stephens Council (No 2) [2015] NSWLEC 36 Category: Principal judgment Parties: Shoal Bay Developments Pty Ltd (First Applicant) Snoogal Pty Ltd (Second Applicant) Port Stephens Council (Respondent) Representation: Counsel: Mr M Green and Mr M Fozzard (Applicants) Mr J Connors (Respondent)