Fountaindale Project Management Pty Ltd v Shellharbour City Council [2024] NSWLEC 1682

Fountaindale Project Management Pty Ltd v Shellharbour City Council [2024] NSWLEC 1682

The appeal is upheld and development consent granted because the amended development application satisfies all statutory planning and environmental criteria, addresses flood risk and integrated development requirements, and parties have reached agreement at conciliation conference.

Parties
Applicant: Fountaindale Project Management Pty Ltd; Respondent: Shellharbour City Council
Jurisdiction
Australia
Judgment Date
29 October 2024
Procedural Posture
Class 1 Appeal / Post Conciliation, Final Orders
Outcome
Appeal upheld, development consent granted subject to conditions.
Legal Topics
Development Application Appeal, Multi Dwelling Housing, Integrated Development, Flood Risk, Conciliation Conference
Planning and Environment Development Application Appeal Multi Dwelling Housing Integrated Development Flood Risk Conciliation Conference

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Parties

Fountaindale Project Management Pty Ltd

Applicant

Shellharbour City Council

Respondent

Procedural Posture

Class 1 Appeal / Post Conciliation, Final Orders

Legal Issues

  1. 1 Whether development consent should be granted for DA0588/2021
  2. 2 Compliance with flood planning and special flood considerations under SLEP
  3. 3 Compliance with integrated development requirements under Water Management Act 2000

Ratio Decidendi

The appeal is upheld and development consent granted because the amended development application satisfies all statutory planning and environmental criteria, addresses flood risk and integrated development requirements, and parties have reached agreement at conciliation conference.

Court Disposition

Appeal upheld, development consent granted subject to conditions.

Orders

  • The appeal is upheld.
  • Development Application DA0588/2021 for demolition, tree removal, and construction of multi-dwelling housing development (48 dwellings) at 32 Terry Street Albion Park (Lot 4 DP 714125) is approved subject to conditions at Annexure A.