NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: David DeBattista v Shoalhaven City Council [2017] NSWLEC 1251 Hearing dates: 19 April 2017 Date of orders: 25 May 2017 Decision date: 25 May 2017 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders:
(1) The appeal is dismissed. (2) The application to modify conditions of consent for DA SF 10011, issued by Shoalhaven City Council 30 May 2011, is refused. (3) The exhibits are returned, with the exception of Exhibits 1, A and B. Catchwords: Application to modify development consent: appeal under s96(1A) of EPA Act; whether the modification has minimal environmental impact; impact on threatened species, Melalueca biconvexa. Legislation Cited: Shoalhaven City Local Environment Plan 2015 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Threatened Species Conservation Act 1995 Cases Cited: nil Texts Cited: Threatened Species Assessment Guidelines: The assessment of significance. NSW Department of Environment and Climate Change, August 2007 Category: Principal judgment Parties: David DeBattista (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel:
M. Mantei (Applicant) A. Bradbury (Respondent)
Solicitors:
Michael Mantei Planning Law Solutions Bradley Allen Love Lawyers File Number(s): 2016/357554 Publication restriction: Nil
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