Land Dynamics Pty Ltd v Port Macquarie Hastings Council [2018] NSWLEC 1443

Land and Environment Court New South Wales

Medium Neutral Citation: Land Dynamics Pty Ltd v Port Macquarie Hastings Council [2018] NSWLEC 1443 Hearing dates: 8 August 2018 Date of orders: 22 August 2018 Decision date: 22 August 2018 Jurisdiction: Class 1 Before: Chilcott C Decision: (1) The Applicant is granted leave to rely on amended plans; (2) The appeal is upheld; (3) Development consent is granted to development application DA 2016-995.1 for earthworks, tree removal, and the construction of multi-dwelling housing comprising six dwellings, along with community title and Torres title subdivision, subject to the conditions of consent annexed hereto as Annexure 'A'; (4) The exhibits are returned, with the exception of Exhibits A and 1. Catchwords: Development Application: Koala linkages and corridors; SEPP 44; Port Macquarie Hastings LEP 2011 clause 7.5; Koala Plan of Management. Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Port Macquarie-Hastings Local Environment Plan 2011 Rural Fires Act 1997 State Environmental Planning Policy No 44 - Koala Habitat Protection Cases Cited: Nil Texts Cited: An ecological overview of koalas and their habitat on the Innes Peninsula, Port Macquarie NSW March 2005 (Biolink 2005a) Koala Plan of Management for Part Lot 32 DR 809231 – Maher's Hedland, Port Macquarie, NSW 2009 NSW Planning for Bush Fire Protection 2006 Port Macquarie Hastings Development Control Plan 2013 Category: Principal judgment Parties: Land Dynamics Pty Ltd (Applicant) Port Macquarie Hastings Council (Respondent) Representation: Counsel: A Pearman (Applicant)