JV Co. 8 Pty Ltd v Shellharbour City Council [2019] NSWLEC 1301

Land and Environment Court New South Wales

Medium Neutral Citation: JV Co. 8 Pty Ltd v Shellharbour City Council [2019] NSWLEC 1301 Hearing dates: Conciliation conference on 12 June 2019 Date of orders: 28 June 2019 Decision date: 28 June 2019 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: 1) The Applicant is granted leave to amend development application DA0580/2017 to rely upon the following plans and documents: a) Part Site + Floor Plan, Ref. 16079, DA1.05H, dated 16 April 2019; b) Elevations, Ref. 16079, DA1.08D, dated 16 April 2019; c) Level 1, 2 & 3 Plan, Ref 16079, DA1.06D, dated 12 June 2019; d) Section and Fencing Details, Ref. 16079, SK8.01, Revision B, dated 16 April 2019; e) Civil Works Plan Sheet 3, 300178121.01.DA103, Revision 05, dated 12 June 2019; f) Siteworks Details, 300178121.01.DA556, Revision 05, dated 11 April 2019; g) Written Request under Clause 4.6 Exceptions to Development Standards of Shellharbour Local Environmental Plan 2013: Lot 101 DP 1185867, No 11 Pioneer Drive, Oak Flats, dated April 2019; h) Development Application form dated 23 November 2017. 2) The parties agree that the amendments made to the development application are not minor for the purposes of section 8.15(3) of the Environmental Planning & Assessment Act 1979. The Applicant is to pay the Respondent's costs thrown away as a consequence of the amendments as agreed or assessed. 3) The written request prepared by Michael Brown Planning Strategies, and dated April 2019, pursuant to cl 4.6 of the Shellharbour Local Environmental Plan 2013 (SLEP) in relation to cl 4.3 of the SLEP has been considered and the necessary state of satisfaction under cl 4.6(4) of the SLEP has been met. Consequently, the written request is well founded and upheld. 4) The appeal is upheld. 5) Development consent is granted to development application DA0580/2017 for the removal of trees, realignment of an existing creek, bulk earthworks, and the construction of a 4-storey mixed use development at Lot 101 DP1185867, Pioneer Drive, Oak Flats NSW 2529, subject to the conditions of consent set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – mixed use with childcare – flood management – height non-compliance – cl 4.6 variation – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Shellharbour Local Environmental Plan 2013 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 State Environmental Planning Policy No 55—Remediation of Land Texts Cited: Shellharbour Development Control Plan 2013 Category: Principal judgment Parties: JV Co 8 Pty Ltd (Applicant) Shellharbour City Council (Respondent) Representation: Counsel: L Nurpuri (Applicant)