Calderwood Heights Pty Ltd v Shellharbour City Council [2021] NSWLEC 1302

Calderwood Heights Pty Ltd v Shellharbour City Council [2021] NSWLEC 1302

The Court upheld the appeal and granted development consent for the subdivision as the parties’ agreement satisfied all statutory requirements, was consistent with the concept plan approval, considered public submissions, and met the conditions and approvals required under relevant planning instruments.

Parties
Applicant: Calderwood Heights Pty Ltd; First Respondent: Shellharbour City Council; Second Respondent: Lendlease Communities (Australia) Limited
Jurisdiction
Australia
Judgment Date
28 June 2021
Procedural Posture
Class 1 Appeal / Judgment Following Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
Land Subdivision, Development Consent, Integrated Development, Concept Plan Consistency, Conciliation Conference, Environmental Assessment
Planning and Environment Law Land Subdivision Development Consent Integrated Development Concept Plan Consistency Conciliation Conference Environmental Assessment

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Parties

Calderwood Heights Pty Ltd

Applicant

Shellharbour City Council

First Respondent

Lendlease Communities (Australia) Limited

Second Respondent

Procedural Posture

Class 1 Appeal / Judgment Following Conciliation Conference

Legal Issues

  1. 1 Whether the proposed subdivision and associated works should be approved
  2. 2 Whether the development is consistent with the concept plan approval
  3. 3 Whether statutory requirements for exhibition and integrated development are met

Ratio Decidendi

The Court upheld the appeal and granted development consent for the subdivision as the parties’ agreement satisfied all statutory requirements, was consistent with the concept plan approval, considered public submissions, and met the conditions and approvals required under relevant planning instruments.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • Applicant granted leave to amend development application in accordance with annexed plans
  • Appeal upheld