Australia, Jan. 17 -- New South Wales Land and Environment Court issued text of the following judgement Dec. 18:
1. COMMISSIONER: Dahua Group Sydney Project 6 Pty Ltd, the Applicant, lodged a development application with Shellharbour City Council (the Respondent) seeking consent for Stages 5 through 9 of a subdivision known as "1881 Tullimbar". The development proposed is the further subdivision of Lots 132 and 133 of DP 1261585 (the site). The Applicant is the owner of the land and provides consent for the lodgement of the development application.
2. The Applicant lodged an appeal to the Court against deemed of the development application by the Respondent. A conciliation conference was held on 2 February 2024 pursuant to s 34 of the Land and Environment Court Act 1979 (LEC Act). The parties were unable to reach an agreement at or following the conciliation. The conciliation conference was terminated, and the matter was listed for hearing.
3. The Registrar granted leave to the Applicant to amend their development application in May 2024. The application was further amended by consent at the commencement of the hearing.
4. As amended, the development application seeks consent for Torrens title subdivision to create residential 192 residential allotments, one local park lot and two residue parcels. The subdivision will be phased over 5 stages and relates to Stages 5 to 9 of the "1881 Tullimbar" development. The works include civil works associated with the subdivision including the completion of earthworks involving cut and fill with import of material from offsite, construction and dedication of roads, retaining walls, water quality basins, construction of culverts and scour protection, a park, regrading works and dedication of the riparian corridor with the road network and stormwater drainage. The works proposed in each stage is detailed below:
* Stage 5: the creation of 36 residential allotments (Lots 501 - 536) and 1 parcel zoned C3 Environmental Management attached to Lot 527. Completion of earthworks involving cut and fill with export of material to future stages of the project, construction and dedication of roads, retaining walls and stormwater drainage.
* Stage 6: the creation of 12 residential allotments (Lots 601 - 612) and 1 residue parcel zoned C3 Environmental Management. Completion of earthworks involving cut and fill with import of material from other stages, construction of roads, retaining walls and stormwater drainage.
* Stage 7A: the creation of 48 residential allotments (Lots 701 - 748), and 1 residue parcels for future stages. Completion of earthworks involving cut and fill with import of material from other stages and offsite, construction of roads, retaining walls, a water quality basin, temporary turning heads and stormwater drainage.
* Stage 7B: the creation of 4 residential allotments (Lots 760 - 763). Minor earthworks, temporary turning head removal and road and drainage construction.
* Stage 8A: the creation of 71 residential allotments (Lots 801 - 871), one allotment for a local park and 2 residue parcels for future stages. Completion of earthworks involving cut and fill with the import of material from other stages and offsite, construction and dedication of roads, retaining walls, two water quality basins, a temporary turning head and stormwater drainage.
* Stage 8B: the creation of 2 residential allotments (Lots 880 - 881). Minor earthworks, temporary turning head removal and road and drainage construction.
* Stage 9: the creation of 19 residential allotments (Lots 901 - 919) and one residue (Lot 920). Completion of earthworks involving cut and fill with import of material from other stages and offsite, construction and dedication of roads, retaining walls, a water quality basin, construction of a culvert and scour protection, creek regrading works and dedication of the riparian corridor with the road network and stormwater drainage.
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/193cdb85bb6b878ac5815bb6)
Disclaimer: Curated by HT Syndication.
