Surf All Day Pty Ltd ACN 627 817 181 v Eurobodalla Shire Council [2024] NSWLEC 1366

Surf All Day Pty Ltd ACN 627 817 181 v Eurobodalla Shire Council [2024] NSWLEC 1366

The appeal is upheld and development consent granted as the Court was satisfied that all jurisdictional prerequisites under applicable planning statutes and controls, including flood planning, stormwater management, and site contamination, were addressed; the parties' agreement was found to be a decision the Court could have properly made.

Parties
Applicant: Surf All Day Pty Ltd ACN 627 817 181; Respondent: Eurobodalla Shire Council
Jurisdiction
Australia
Judgment Date
02 July 2024
Procedural Posture
Class 1 Appeal / Conciliation Conference; Final Orders
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Application, Appeal, Conciliation Conference, Flood Planning, Stormwater Management
Planning and Environment Law Development Application Appeal Conciliation Conference Flood Planning Stormwater Management

Case Brief

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Parties

Surf All Day Pty Ltd ACN 627 817 181

Applicant

Eurobodalla Shire Council

Respondent

Procedural Posture

Class 1 Appeal / Conciliation Conference; Final Orders

Legal Issues

  1. 1 Whether jurisdictional prerequisites for granting development consent are met
  2. 2 Whether the proposed development is permissible under relevant planning controls
  3. 3 Flood planning and stormwater management requirements

Ratio Decidendi

The appeal is upheld and development consent granted as the Court was satisfied that all jurisdictional prerequisites under applicable planning statutes and controls, including flood planning, stormwater management, and site contamination, were addressed; the parties' agreement was found to be a decision the Court could have properly made.

Court Disposition

Appeal upheld; development consent granted

Orders

  • The Applicant is granted leave to file the further and amended material specified in Annexure A.
  • The Applicant is to pay the Respondent's costs thrown away as a result of the amendment to DA0619/22 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed.