Kate Singleton Pty Ltd ACN 106 774 001 and S J Connelly CCP Pty Ltd ACN 125 970 783 (trading as Planners North ABN 56 291 496 553) v Ballina Shire Council [2018] NSWLEC 1306

Land and Environment Court New South Wales

Medium Neutral Citation: Kate Singleton Pty Ltd ACN 106 774 001 and S J Connelly CCP Pty Ltd ACN 125 970 783 (trading as Planners North ABN 56 291 496 553) v Ballina Shire Council [2018] NSWLEC 1306 Hearing dates: 12, 14, 21, 28 February 2018, 6 March 2018, and 15 May 2018 Date of orders: 22 June 2018 Decision date: 22 June 2018 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. Development Application 2016/184 for the staged residential development of land around Mitchell Close, Albert Sheather Lane, Sandy Flat Road, Ballina Heights Drive and Tamarind Drive, Cumbalum is approved subject to the conditions in Annexure A. 3. The exhibits are returned. 4. The applicant is to pay the costs of the respondent, under s 8.15 of the Environmental Planning and Assessment Act 1979, as agreed or as assessed. Catchwords: DEVELOPMENT APPLICATION: staged residential development; contentions largely addressed by additional information provided by applicant; hearing on remaining dispute dealing with two conditions of consent Legislation Cited: Ballina Local Environmental Plan 2012 Biodiversity Conservation Act 2016 Biodiversity Conservation (Savings and Transitional) Regulation 2017 Environmental Planning and Assessment Act 1979 Threatened Species Conservation Act 1995 Category: Principal judgment Parties: Kate Singleton Pty Ltd ACN 106 774 001 and S J Connelly CCP Pty Ltd ACN 125 970 783 (trading as Planners North ABN 56 291 496 553) (Applicant)