BG Sales Huskisson Pty Limited v Shoalhaven City Council [2023] NSWLEC 1684
The Proposed Modification, as amended, is substantially the same development as originally approved, is compliant with applicable planning controls, adequately addresses flooding and design issues, and objectors' concerns have been considered. The appeal is upheld and development consent modified accordingly.
- Parties
- Applicant: BG Sales Huskisson Pty Limited; Respondent: Shoalhaven City Council
- Jurisdiction
- Australia
- Judgment Date
- 15 November 2023
- Procedural Posture
- Development Appeal (class 1) / Hearing and Judgment
- Outcome
- Appeal upheld
- Legal Topics
- Development Consent Modification, Urban Design, Flooding, Public Interest, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
BG Sales Huskisson Pty Limited
Applicant
Shoalhaven City Council
Respondent
Procedural Posture
Development Appeal (class 1) / Hearing and Judgment
Legal Issues
- 1 Whether Proposed Modification is substantially the same development as originally approved (s 4.55(2) EPA Act)
- 2 Whether all relevant matters under s 4.15 EPA Act have been considered
- 3 Whether procedural fairness was afforded to objectors
Ratio Decidendi
The Proposed Modification, as amended, is substantially the same development as originally approved, is compliant with applicable planning controls, adequately addresses flooding and design issues, and objectors' concerns have been considered. The appeal is upheld and development consent modified accordingly.
Court Disposition
Appeal upheld
Orders
- The appeal is upheld.
- Development Consent No DA10/1377 is modified in the terms in Annexure A.
Full Case Text
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