Dahua Group Sydney Project 6 Pty Ltd v Shellharbour City Council [2024] NSWLEC 1814

Dahua Group Sydney Project 6 Pty Ltd v Shellharbour City Council [2024] NSWLEC 1814

The application for subdivision and associated works was refused because: (1) the proposal failed to provide adequate bushfire protection measures in Stages 8A and 9, with performance-based solutions not meeting the intent of relevant planning policies and presenting risks to firefighter and resident safety; and (2) there was insufficient information provided to properly assess likely impacts on Aboriginal heritage and relics, particularly as some proposed works were in areas not adequately surveyed or evaluated for cultural significance, not allowing the Court to comply with its statutory obligations.

Parties
Applicant: Dahua Group Sydney Project 6 Pty Ltd; Respondent: Shellharbour City Council
Jurisdiction
Australia
Judgment Date
18 December 2024
Procedural Posture
Development Application (appeal) / Final Hearing and Judgment (appeal Determination)
Outcome
Appeal dismissed; development application refused.
Legal Topics
Development Application Refusal, Integrated Development, Bushfire Protection Measures, Aboriginal Cultural Heritage, Subdivision Approval, Environmental Impact Assessment
Environmental Law Planning Law Administrative Law Development Application Refusal Integrated Development Bushfire Protection Measures Aboriginal Cultural Heritage Subdivision Approval +1 more

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Parties

Dahua Group Sydney Project 6 Pty Ltd

Applicant

Shellharbour City Council

Respondent

Procedural Posture

Development Application (appeal) / Final Hearing and Judgment (appeal Determination)

Legal Issues

  1. 1 Whether the development application should be refused due to failure to provide adequate bushfire safety measures.
  2. 2 Whether insufficient information was provided to assess impacts on Aboriginal heritage and relics.
  3. 3 Whether absence of a proposed bridge warranted refusal of the application.

Ratio Decidendi

The application for subdivision and associated works was refused because: (1) the proposal failed to provide adequate bushfire protection measures in Stages 8A and 9, with performance-based solutions not meeting the intent of relevant planning policies and presenting risks to firefighter and resident safety; and (2) there was insufficient information provided to properly assess likely impacts on Aboriginal heritage and relics, particularly as some proposed works were in areas not adequately surveyed or evaluated for cultural significance, not allowing the Court to comply with its statutory obligations.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as agreed or assessment arising from the amendment of the plans for which leave was granted on 2 September 2024.
  • The appeal is dismissed.