Australia, April 19 -- New South Wales Land and Environment Court issued text of the following judgement on March 18:

1. COMMISSIONER: These Class 1 proceedings arise as a result of the deemed refusal of Development Application DA 16-2023-583-1 by Port Stephens Council lodged on 12 October 2023. This appeal concerns a development application for the subdivision of existing lots into 47 residential lots, including the provision of internal access roads, ancillary earthworks, and stormwater management infrastructure including two infiltration basins, and a bioretention basin. The current land description includes Lot 21 DP 590387, Lot 901 in DP 634550, Lot 902 in DP 634550, and Lot 1 in DP 503876.

2. The development proposes subdivision of the existing 4 lots into 47 Torrens title lots, including drainage infrastructure, community parkland, site works, vegetation removal, earthworks and associated subdivision works.

3. These proceedings have been brought to the Court pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act).

Conciliation and agreement between the parties

4. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 3 September 2024. I presided over the conciliation conference. In the course of the conciliation conference, the parties came to an agreement as to the terms of a decision in the proceedings that would be acceptable to the parties.

5. The terms of the agreement between the parties involved the Court upholding the appeal and granting development consent to the Development Application subject to conditions.

6. As part of this agreement the Council agreed, pursuant to s 38 of the Environmental Planning and Assessment Regulation 2021 (EPA Reg), to the applicant amending the Development Application. These amendments included a reduced proposed number of lots from 47 to 34, further groundwater and flooding modelling, stormwater treatment to accommodate flooding, construction of a roundabout at the new intersection with Gan Gan Road to the development, provision of a visual impact assessment, and provision of 12.5m radius cul de sacs.

7. The development as amended includes: the subdivision of the existing lots into 34 residential lots and 5 residual allotments, provision of internal access roads, ancillary earthworks, stormwater management infrastructure including infiltration basins; and a bioretention basin at 263 - 321 Gan Gan Road, Anna Bay.

8. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if that decision is one that the Court could have made in the proper exercise of its functions.

*Rest of the document and Footnotes can be viewed at: (https://www.caselaw.nsw.gov.au/decision/195a12bb4f7b6478869a594e)

Disclaimer: Curated by HT Syndication.