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

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

The appeal is upheld and consent is granted to the development application subject to specified conditions, as the findings in the previous judgment are adequately reflected in the submitted conditions.

Parties
Applicant: Easter Developments Pty Ltd ACN 608 163 122; Respondent: Shoalhaven City Council
Jurisdiction
Australia
Judgment Date
05 December 2023
Procedural Posture
Development Appeal / Order After Reasons/judgment
Outcome
Appeal upheld; consent granted with conditions
Legal Topics
Development Application, Subdivision, Minimum Lot Size, Lot Shape, Flood Prone Land, Bushfire Prone Land, Reliance on Public Land for Asset Protection, Integrated Development, Bushfire Safety Authority
Planning and Environment Law Development Application Subdivision Minimum Lot Size Lot Shape Flood Prone Land Bushfire Prone Land Reliance on Public Land for Asset Protection +2 more

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Parties

Easter Developments Pty Ltd ACN 608 163 122

Applicant

Shoalhaven City Council

Respondent

Procedural Posture

Development Appeal / Order After Reasons/judgment

Legal Issues

  1. 1 Whether the development application should be granted considering subdivision, lot size and shape, flood and bushfire risks, and absence of bushfire safety authority

Ratio Decidendi

The appeal is upheld and consent is granted to the development application subject to specified conditions, as the findings in the previous judgment are adequately reflected in the submitted conditions.

Court Disposition

Appeal upheld; consent granted with conditions

Orders

  • The appeal is upheld.
  • 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.