Enzo Developments Pty Ltd v Kiama Municipal Council [2025] NSWLEC 1092

Enzo Developments Pty Ltd v Kiama Municipal Council [2025] NSWLEC 1092

The development has an acceptable impact on the heritage significance of Park Mount and the rural landscape character. Whilst there is some loss of western view from Park Mount, it is not unreasonable or contrary to view sharing principles. The orchard and netting structure is sited appropriately, with its materials and design responding to the rural context. The proposal satisfies applicable statutory considerations in the Environmental Planning and Assessment Act 1979, the Kiama Local Environmental Plan 2011, and the relevant provisions of the Kiama Development Control Plan 2020. There is no jurisdictional impediment, and consent is granted.

Parties
Applicant: Enzo Developments Pty Ltd; Respondent: Kiama Municipal Council
Jurisdiction
Australia
Judgment Date
20 February 2025
Procedural Posture
Development Appeal / Judgment After Hearing
Outcome
Appeal upheld
Legal Topics
Development Application, Heritage Impact, View Sharing, Environmental Planning, Local Environmental Plan, Control Plan Compliance
Planning and Environment Law Development Application Heritage Impact View Sharing Environmental Planning Local Environmental Plan Control Plan Compliance

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Parties

Enzo Developments Pty Ltd

Applicant

Kiama Municipal Council

Respondent

Procedural Posture

Development Appeal / Judgment After Hearing

Legal Issues

  1. 1 Whether the proposed development impacts the heritage significance of Park Mount
  2. 2 Whether the development maintains the rural landscape character
  3. 3 Application of view sharing principles and extent of view loss

Ratio Decidendi

The development has an acceptable impact on the heritage significance of Park Mount and the rural landscape character. Whilst there is some loss of western view from Park Mount, it is not unreasonable or contrary to view sharing principles. The orchard and netting structure is sited appropriately, with its materials and design responding to the rural context. The proposal satisfies applicable statutory considerations in the Environmental Planning and Assessment Act 1979, the Kiama Local Environmental Plan 2011, and the relevant provisions of the Kiama Development Control Plan 2020. There is no jurisdictional impediment, and consent is granted.

Court Disposition

Appeal upheld

Orders

  • The appeal is upheld.
  • Development application DA 10.2023.109.1 for the continuing use of an existing orchard, and construction of a netting structure around and over the existing orchard, at 92 Jerrara Road, Jerrara, Lot 202 DP 1095943, is determined by the grant of consent subject to the conditions at Annexure A.