A&G Holdings Pty Ltd v Shellharbour City Council [2020] NSWLEC 1083

Land and Environment Court New South Wales

Medium Neutral Citation: A&G Holdings Pty Ltd v Shellharbour City Council [2020] NSWLEC 1083 Hearing dates: 16 and 17 October 2019 Date of orders: 24 February 2020 Decision date: 24 February 2020 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant is granted leave to amend its development application and to rely on amended plans. (2) The Applicant is to pay the Respondent's costs thrown away as a result of amending the development application, as agreed or assessed, under s 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The appeal is upheld. (4) Development application DA579/2017, as amended, for demolition of existing structures and construction of 17 two-storey dwelling houses on an elevated pier platform and nine car parking spaces for visitors on an elevated driveway and pier platform, at 118 Koona Street, Albion Park, is determined by the grant of consent, subject to the conditions attached at Annexure 'A'. (5) The exhibits are returned, except Exhibits B, F, & 5. Catchwords: DEVELOPMENT APPLICATION — Construction of residential dwellings — flood prone land — acceptability of flood risk — environmentally sensitive land — proximity to Lake Illawarra. Legislation Cited: Ashfield Local Environment Plan 2013 Coastal Management Act 2016 Environment Protection Biodiversity Conservation Act 1999 Environmental Planning and Assessment Act 1979 Fisheries Management Act 1994 Land and Environment Court Act 1979 Protection of the Environment Administration Act 1991 Shellharbour Local Environment Plan 2013 Standard Instrument—Principal Local Environmental Plan State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy No 14 - Coastal Wetlands State Environmental Planning Policy No 26 – Littoral Rainforests State Environmental Planning Policy No 71 – Coastal Protection Sydney Local Environment Plan 2012 Threatened Species Conservation Act 1995 Cases Cited: Group HIS Pty Ltd v Inner West Council [2019] NSWLEC 1089 Michael Brown Planning Strategies v Wingecarribee Shire Council [2019] NSWLEC 1311 Neate v Shellharbour City Council [2007] NSWLEC 234 Neate v Shellharbour City Council [2007] NSWLEC 526 Neate v Shellharbour City Council [2007] NSWLEC 654 Palm Lake Works Pty Ltd v Ballina Council [2019] NSWLEC 1479 Season Group Pty Ltd v Council of the City of Sydney [2016] NSWLEC 1354 Texts Cited: Cardno, Lake Illawarra Floodplain Risk Management Study, (Report, 2012) Cardno, Lake Illawarra Flood Study (Report, July 2001) GHD, Horsley Creek Floodplain Risk Management Study and Plan, (Final Report, 2017) New South Wales Government, Floodplain Development Manual, (April 2005) Reinco Consulting, Horsley Creek Flood Study, (Final Report, 2011) Shellharbour City Council Floodplain Risk Management Development Control Plan 2006 Shellharbour Development Control Plan 2013 Susan, Butler (ed), Macquarie Dictionary (online ed, at 18 February 2020) Category: Principal judgment Parties: A&G Holdings Pty Ltd (Applicant) Shellharbour City Council (Respondent) Representation: Counsel: P Tomasetti SC (Applicant) M Harker (Solicitor) (Respondent)