Camberlee Investments Pty Ltd v Shoalhaven City Council [2017] NSWLEC 1585

Land and Environment Court New South Wales

Medium Neutral Citation: Camberlee Investments Pty Ltd v Shoalhaven City Council [2017] NSWLEC 1585 Hearing dates: 20, 21, 22 March 2017, 26 April 2017 and further written submissions on 1 and 8 May 2017 Date of orders: 18 October 2017 Decision date: 18 October 2017 Jurisdiction: Class 1 Before: Martin SC Decision: The Court orders:

(1) The Appeal is dismissed.

(2) Regional Development application RA 14/1004 seeking consent for construction of an eco-tourist facility comprising 42 accommodation units and facilities including spa, wildlife centre and restaurant is determined by refusal.

(3) The Exhibits, save for Exhibits A, D, J, 5,7,11 and 13, are returned. Catchwords: DEVELOPMENT APPEAL – whether or not development satisfies the requirements of an eco-tourist facility – cl 5.13 Shoalhaven LEP - traffic – objector evidence – public interest Legislation Cited: Environmental Planning and Assessment Act 1979 ss 79C, 91, 97 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979, s 38(2) Roads Act 1993 Rural Fires Act 1997 Threatened Species Conservation Act 1995 Shoalhaven Local Environmental Plan 2014 Water Management Act 1997 State Environmental Planning Policy (State and Regional Development) 2011 State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 State Environmental Planning Policy No. 55 – Remediation of Land State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Development Control Plan No. 18 – Car Parking Code Development Control Plan No 63 – Tourist Development in Regional Areas (DCP 63) Development Control Plan No 78 – Onsite Sewerage Management (DCP 78) Development Control Plan 91 – Dwellings and Ancillary Structures (DCP 91) Development Control Plan 93 – Controls for Waste Minimisation and Management (DCP 93) Shoalhaven Contribution Plan 2010 Cases Cited: New Century Developments Pty Ltd v Baulkham Hills Shire Council (2003) 127 LGERA 303; [2003] NSWLEC 154 Segal v Waverley Council (2005) 64 NSWLR 177; [2005] NSWCA 310 The Presbyterian Church (New South Wales) Property Trust v Woollahra Municipal Council [2015] NSWLEC 47 The Presbyterian Church (New South Wales) Property Trust v Woollahra Municipal Council [2014] NSWLEC 1218 Texts Cited: Nil Category: Principal judgment Parties: Camberlee Investments Pty Ltd (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: Ms S Duggan SC (Applicant) Mr T Robertson SC (Respondent)