Benson Avenue Pty Ltd v Council of the City of Shellharbour

Judgment

1. COMMISSIONER: These proceedings, brought under Class 1 of the Court's jurisdiction, are an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of concept development application DA0544/2021 by Council of the City of Shellharbour (Council).
2. The development application, lodged pursuant to Div 4.4 of the EPA Act, seeks consent for a concept proposal for a masterplan in the form of a 'Precinct Development Strategy' including subdivision layout, road locations, building envelopes for each proposed allotment, civil and drainage works, and tree removal, and detailed Stage 1 works for civil and associated drainage works, tree removal and a Torrens title subdivision of the site at 13 Benson Avenue, Shellharbour City Centre. Drainage works are also proposed on the adjoining Council owned land, described as Lot 2001in DP 1250959.

Conciliation and agreement between the parties

1. The Court arranged a conciliation conference between the parties under s 34(1) of the Land and Environment Court Act 1979 (LEC Act), at which I presided. The conference was held on 27 September 2024. Prior to the conference, the parties had come to an agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved the Court upholding the appeal and granting consent to the concept development application (CDA), as amended in the course of conciliation, in accordance with agreed conditions.