Ocean Point Assets Pty Limited v Shoalhaven City Council [2022] NSWLEC 1291

Ocean Point Assets Pty Limited v Shoalhaven City Council [2022] NSWLEC 1291

The appeal succeeds because the manufactured home estate is provided with adequate transport services and sufficient community facilities and services—including health care—are available and reasonably accessible to residents, satisfying the pre-conditions in cl 9(1)(b) and (c) of SEPP 36. Expert evidence, agreed...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 June 2022
Procedural Posture
Class 1 Appeal / Final Merits Determination
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
['development Applications' 'manufactured Home Estates' 'state Environmental Planning Policy No 36' 'transport Services' 'community Facilities and Services' 'local Government Regulation' 'zoning' 'consent Authorities']
['planning and Environment Law'] ['development Applications' 'manufactured Home Estates' 'state Environmental Planning Policy No 36' 'transport Services' 'community Facilities and Services' 'local Government Regulation' 'zoning' 'consent Authorities']

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Procedural Posture

Class 1 Appeal / Final Merits Determination

Legal Issues

  1. 1 ['Whether adequate transport services will be provided to the manufactured home estate' 'Whether sufficient community facilities and services, including health services, are or will be available and reasonably accessible to residents']

Ratio Decidendi

The appeal succeeds because the manufactured home estate is provided with adequate transport services and sufficient community facilities and services—including health care—are available and reasonably accessible to residents, satisfying the pre-conditions in cl 9(1)(b) and (c) of SEPP 36. Expert evidence, agreed planning controls, and conditions imposed ensure compliance.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • ['The appeal is upheld.' 'Development Application DA 19/1102 for demolition and construction of a manufactured home estate (49 dwelling sites, community building, barbecue area, outdoor exercise equipment area, lawn bowling green, 27 visitor parking spaces including one accessible space, landscaping, street tree...