Prestige Holdings Group Pty Ltd v Shoalhaven City Council [2024] NSWLEC 1579

Prestige Holdings Group Pty Ltd v Shoalhaven City Council [2024] NSWLEC 1579

Grant of development consent was appropriate because the amended proposal met all statutory planning requirements, did not cause serious or irreversible biodiversity impacts (with required biodiversity offsets as per BDAR), and complied with LEP and relevant SEPPs. The parties' agreement satisfied the jurisdictional and procedural requirements for a consent order post-conciliation conference.

Parties
Applicant: Prestige Holdings Group Pty Ltd; Respondent: Shoalhaven City Council
Jurisdiction
Australia
Judgment Date
19 September 2024
Procedural Posture
Appeal (class 1) Against Deemed Refusal of Development Application / Final Determination Post Conciliation Conference
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Application, Appeal, Residential Housing Development, Biodiversity, Local Environmental Plan, State Environmental Planning Policy, Conciliation Conference, Costs
Planning and Environment Development Application Appeal Residential Housing Development Biodiversity Local Environmental Plan State Environmental Planning Policy Conciliation Conference +1 more

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Parties

Prestige Holdings Group Pty Ltd

Applicant

Shoalhaven City Council

Respondent

Procedural Posture

Appeal (class 1) Against Deemed Refusal of Development Application / Final Determination Post Conciliation Conference

Legal Issues

  1. 1 Whether the amended development application is permissible and suitable under statutory and planning controls
  2. 2 Whether development consent should be granted for staged residential housing development (residential flat building and multi-dwelling townhouses)
  3. 3 Whether the proposal complies with Local Environmental Plan requirements including minimum lot size and maximum building height

Ratio Decidendi

Grant of development consent was appropriate because the amended proposal met all statutory planning requirements, did not cause serious or irreversible biodiversity impacts (with required biodiversity offsets as per BDAR), and complied with LEP and relevant SEPPs. The parties' agreement satisfied the jurisdictional and procedural requirements for a consent order post-conciliation conference.

Court Disposition

Appeal upheld; development consent granted

Orders

  • The applicant is to pay the respondent's costs thrown away as a result of the amendment of the application, in the agreed sum of $55,000 in full and final settlement of this order and the Court's earlier orders for costs made on 18 October 2023 and 31 January 2024.
  • The appeal is upheld.