Moore v Shoalhaven City Council [2024] NSWLEC 1664

Moore v Shoalhaven City Council [2024] NSWLEC 1664

The proposal for a two-lot subdivision meets all statutory prerequisites under relevant planning and environmental laws and is unlikely to cause adverse environmental impacts; consent is granted pursuant to agreement of the parties, with conditions.

Parties
First Applicant: Adam Moore; Second Applicant: Stacey Moore; Respondent: Shoalhaven City Council
Jurisdiction
Australia
Judgment Date
22 October 2024
Procedural Posture
Appeal Against Refusal of Development Application / Final Determination After Conciliation Conference
Outcome
Appeal upheld, development consent granted subject to conditions
Legal Topics
Development Application, Subdivision, Conciliation Conference, Zoning, Environmental Impact, Consent Conditions
Planning and Environment Law Development Application Subdivision Conciliation Conference Zoning Environmental Impact Consent Conditions

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Parties

Adam Moore

First Applicant

Stacey Moore

Second Applicant

Shoalhaven City Council

Respondent

Procedural Posture

Appeal Against Refusal of Development Application / Final Determination After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for a 2 lot Torrens Title subdivision
  2. 2 Whether the proposal complies with Shoalhaven Local Environmental Plan 2014 requirements
  3. 3 Potential environmental impacts including biodiversity, acid sulfate soils, watercourses, and bushfire risk

Ratio Decidendi

The proposal for a two-lot subdivision meets all statutory prerequisites under relevant planning and environmental laws and is unlikely to cause adverse environmental impacts; consent is granted pursuant to agreement of the parties, with conditions.

Court Disposition

Appeal upheld, development consent granted subject to conditions

Orders

  • The appeal is upheld.
  • Development Application SF10955 for a 2 lot Torrens Title subdivision and associated driveway, onsite effluent disposal and landscaping works on land known as 57 Wandean Road, Wandandian NSW 2540, Lot 1 in DP 1268021 is determined by grant of consent subject to conditions at Annexure A.