David DeBattista v Shoalhaven City Council [2017] NSWLEC 1602

Land and Environment Court New South Wales

Medium Neutral Citation: David DeBattista v Shoalhaven City Council [2017] NSWLEC 1602 Hearing dates: 4 and 5 September 2017, 24 October 2017 Date of orders: 27 October 2017 Decision date: 27 October 2017 Jurisdiction: Class 1 Before: Dixon C Decision: The Court orders are:

(1) Appeal upheld.

(2) That development consent be granted to development application DA 16/183 for the construction of a four storey residential flat building development in two separate buildings comprising a total of 54 residential units over two levels of basement parking and associated strata subdivision at Lot 6 DP 1082382, Anson Street, St Georges Basin in accordance with the plans in Exhibit B and subject to the conditions in Exhibit 6.

(3) The Exhibits apart from Exhibit B and 2 are returned. Catchwords: DEVELOPMENT APPEAL – for multi-unit development – AMENITY IMPACTS – excessive height and density of the development – weight to be given to the objectors' evidence in circumstances where the expert evidence supports a conditional approval of the application Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Shoalhaven Local Environmental Plan 2014 State Environmental Planning Policy No 65 Cases Cited: New Century Development Pty Ltd v Baulkham Hills Shire Council [2003] NSW LEC 154 Texts Cited: Nil Category: Principal judgment Parties: David DeBattista (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: Mr P Tomasetti SC (Applicant) Mr I Hemmings SC (Respondent)