Platford v van Veenendaal and Shoalhaven City Council [2018] NSWLEC 27

Land and Environment Court New South Wales

Medium Neutral Citation: Platford v van Veenendaal and Shoalhaven City Council [2018] NSWLEC 27 Hearing dates: 5 March 2018 Date of orders: 09 March 2018 Decision date: 09 March 2018 Jurisdiction: Class 4 Before: Preston CJ Decision: The Court: (1) Declares that the development consent granted by the second respondent on or about 25 July 2017 in respect of the Development Application 16/1341 for development at 52 Cyrus Street Hyams Beach ("Purported Consent for DA 16/1341") is invalid and of no effect. (2) Sets aside the Purported Consent for DA 16/1341. (3) Grants an injunction restraining the first respondent from undertaking any development in reliance upon the Purported Consent for DA 16/1341. (4) Lists the proceedings at 9:30am on 26 March 2018 for directions concerning the question of the costs of the proceedings. Catchwords: JUDICIAL REVIEW – development consent for dwelling in coastal zone – boathouse arm of development at risk of coastal inundation – condition of consent required maintenance of existing seawall – whether council the consent authority – whether council considered height controls applying to the boathouse arm – whether council considered effects of coastal inundation on the screen wall of the boathouse arm – failure to consider relevant matters established Legislation Cited: Coastal Protection Act 1979 ss 4(1), 37, 55M Environmental Planning and Assessment Act 1979 ss 4, 76A(1)(b), 79C(1)(a), 80A(1)(f) Shoalhaven Development Control Plan 2014 Ch G6, G12 Shoalhaven Local Environmental Plan 2014 cl 5.5 State Environmental Planning Policy (Infrastructure) 2007 cl 129A State Environmental Planning Policy No 71 – Coastal Protection cll 7, 8 Cases Cited: Parramatta City Council v Pestell (1972) 128 CLR 305 SZEPZ v Minister for Immigration and Multicultural Affairs (2006) 159 FCR 291; [2006] FCAFC 107 Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Category: Principal judgment Parties: Colleen Anne Platford (Applicant) Theodorus van Veenendaal (Frist Respondent) Shoalhaven City Council (Second Respondent) Representation: Counsel: Noel Hutley SC and Stephen Free (Applicant) The First and Second Respondents filed submitting appearances.