Camberlee Investments Pty Ltd v Shoalhaven City Council

Camberlee Investments Pty Ltd has appealed against a decision of the Shoalhaven City Council to refuse a development application for an eco-tourist facility on land at Camberlee in the Shoalhaven local government area. The appeal was heard by the Land and Environment Court of New South Wales.

The appeal raises questions about the appropriate weight to be given to the expert evidence of the parties in determining whether the proposed development would be consistent with the principles of ecologically sustainable development. The applicant argued that the expert evidence it had presented should be given greater weight than the expert evidence presented by the respondent. The respondent argued that the decision should be affirmed because it was open on the evidence to conclude that the proposed development would not be consistent with the principles of ecologically sustainable development.

The Court found that the evidence presented by the respondent was more compelling and persuasive than that presented by the applicant. The evidence demonstrated that the proposed development would have a number of significant environmental impacts, including impacts on endangered species and their habitats. The Court found that the refusal of the development application was consistent with the principles of ecologically sustainable development and dismissed the appeal.