Easter Developments Pty Ltd v Shoalhaven City Council No 2

[2023] NSWLEC 1732

Land and Environment Court

New South Wales

Medium Neutral Citation:

Easter Developments Pty Ltd v Shoalhaven City Council No 2 [2023] NSWLEC 1732

Hearing dates:

25, 26 and 27 July

Date of orders:

05 December 2023

Decision date:

05 December 2023

Jurisdiction:

Class 1

Before:

Espinosa C

Decision:

The Court orders that:

(1) The appeal is upheld.

(2) Development application No 21/2577 for demolition of garage and 3 lot Torrens title subdivision at 21 Duncan Street Vincentia is determined by granting consent to the application subject to the conditions in Annexure A.

(3) All exhibits are retained.

Catchwords:

DEVELOPMENT APPEAL – Subdivision – minimum lot size and lot shape – flood prone land – bushfire prone land – reliance on public land for bushfire asset protection – integrated development – no bushfire safety authority from NSW Rural Fire Service – orders

Cases Cited:

Easter Developments Pty Ltd v Shoalhaven City Council [2023] NSWLEC 1671

Category:

Principal judgment

Parties:

Easter Developments Pty Ltd ACN 608 163 122 (Applicant)
Shoalhaven City Council (Respondent)

Representation:

Counsel:
A Pearman (Applicant)
T March (Respondent)

Solicitors:
BCP Lawyers & Consultants (Applicant)
Shaw Reynolds Lawyers (Respondent)

File Number(s):

2022/341747

Publication restriction:

No

Judgment

1. COMMISSIONER: On 10 November 2023, I handed down my reasons for judgment in the Class 1 Development Appeal of Easter Developments Pty Ltd v Shoalhaven City Council [2023] NSWLEC 1671 (the judgment) to uphold the appeal and grant consent subject to conditions.

2. I directed the parties to file conditions of consent that reflected my findings at [13] and [113] of the judgment.

3. On 22 November 2023, the parties filed an agreed set of conditions of consent in accordance with my direction.

4. In relation to paragraph [13], Condition 36(e) satisfies my finding in [13] and my findings in [113] are reflected in Condition 1A, Condition 29 and Condition 77.

5. I am satisfied that the conditions reflect my findings in the judgment.

6. It is now appropriate to grant the consent subject to those conditions.

Orders

7. The Court orders that:

1. The appeal is upheld.

2. Development application No 21/2577 for demolition of garage and 3 lot Torrens title subdivision at 21 Duncan Street Vincentia is determined by granting consent to the application subject to the conditions in Annexure A.

3. All exhibits are retained.

E Espinosa

Commissioner of the Court

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Annexure A

Decision last updated: 05 December 2023