St Georges Basin Development Pty Ltd v Shoalhaven City Council [2022] NSWLEC 1669

St Georges Basin Development Pty Ltd v Shoalhaven City Council [2022] NSWLEC 1669

The Court upheld the appeals and granted development consent for both the staged construction of multi dwelling housing and the Torrens Title subdivision, as the applications met all statutory and planning requirements, an agreement under s 34(3) was reached and filed, and it is a decision the Court could properly make. Costs are awarded to the respondent per s 8.15(3) due to the amendments.

Parties
Applicant: St Georges Basin Developments Pty Ltd; Respondent: Shoalhaven City Council
Jurisdiction
Australia
Judgment Date
02 December 2022
Procedural Posture
Appeal Class 1 (development Application/consent) / Hearing and Post Conciliation, Determination by Consent Order
Outcome
Appeals upheld, development and subdivision consents granted subject to conditions, applicant to pay respondent's costs thrown away as a result of amendments.
Legal Topics
Development Application, Subdivision, Costs, Amended Plans, Consent Orders
Planning and Environment Development Application Subdivision Costs Amended Plans Consent Orders

Case Brief

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Parties

St Georges Basin Developments Pty Ltd

Applicant

Shoalhaven City Council

Respondent

Procedural Posture

Appeal Class 1 (development Application/consent) / Hearing and Post Conciliation, Determination by Consent Order

Legal Issues

  1. 1 Whether the amended development and subdivision applications should be granted consent under the statutory framework
  2. 2 Whether costs are payable as a result of amendments to the applications
  3. 3 Whether the applications complied with relevant planning controls and statutory requirements

Ratio Decidendi

The Court upheld the appeals and granted development consent for both the staged construction of multi dwelling housing and the Torrens Title subdivision, as the applications met all statutory and planning requirements, an agreement under s 34(3) was reached and filed, and it is a decision the Court could properly make. Costs are awarded to the respondent per s 8.15(3) due to the amendments.

Court Disposition

Appeals upheld, development and subdivision consents granted subject to conditions, applicant to pay respondent's costs thrown away as a result of amendments.

Orders

  • The Applicant is to pay the Respondent's costs thrown away as agreed or assessed as a result of the amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979.
  • The appeal is upheld.