Australia, April 14 -- New South Wales Land and Environment Court issued text of the following judgement on March 18:

1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of development application No DA 885/2023 (the DA) for the demolition of existing structures, clearing of vegetation, earthworks and staged construction of a manufactured home estate (the MHE) comprising 161 home sites, clubhouse, fitness centre, community workshop, maintenance shed, civil works and caravan parking facilities on the land legally described as Lot 5 DP 1228880, known as 45 Mulloway Road, Chain Valley Bay (the site).

2. There is a separate (concurrent) development application (DA 911/2023) for the same site, seeking consent to subdivide the site into two lots, which is also the subject of Class 1 proceedings (LEC case number 2023/00357817 refers). The MHE would occupy the proposed Lot 52 of this subdivision.

3. A conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties was convened by the Court on 24 June 2024. This conciliation conference also included the LEC case matter 2023/00357808 as the matters were heard together. I presided over the s 34 conciliation conference. No submitters attended as there no submissions made on the DA.

4. The s 34 conciliation conference was adjourned to allow time for amended plans to be prepared by the Applicant and assessed by the Respondent, and subsequently further adjourned multiple times to allow the parties time to consider and review the revised plans and to finalise the s 34 agreement and conditions of consent based on an amended development application (the amended DA).

5. The parties advise that the agreed amendments to the proposal include a reduction in dwelling site numbers to 157, minor internal road layout and parking revisions to accommodate waste vehicles and waste storage, changes to dwelling site pad levels and retaining wall heights, changes to internal stormwater arrangements, changes to pedestrian access arrangements including works in the road reserve, fencing detail revisions, a reduction in clearing within the western boundary of the site and removal of additional trees within the road reserve to accommodate driveways and pedestrian pathways. As amended the proposed development now comprises:

a) 157 dwelling sites.

b) Visitor car parking comprising 24 standard spaces and two accessible spaces.

c) 16 caravan parking spaces.

d) Clubhouse facility, including library, gym, lounge room, kitchen, indoor cinema, and other amenities for the use of residents.

e) Community facilities including a swimming pool, bowling green, pickleball court, BBQ area, golf putting green and communal open space.

f) Maintenance shed and community workshop.

g) Construction of main driveway access to proposed Lot 52, and associated vegetation removal, swale and drainage infrastructure within road reserve.

h) Demolition of four metal sheds, fibro dwelling and sheds, and metal carport located on Lot 52.

i) Earthworks to fill the existing dam located on-site (proposed Lot 52) and site benching.

j) Internal infrastructure comprising construction of bio-basin and detention basin.

k) Internal infrastructure comprising internal road network, retaining walls and fencing.

l) Clearing of remnant vegetation along northern, eastern and western boundaries.

m) Clearing of remnant vegetation as permitted by the endorsed BCAR.

n) Minor revegetation works along the corridor and protection of the corridor as identified in the endorsed BCAR.

o) Establishment of bushfire asset protection zones.

p) Decorative feature fronting the site, comprising a stone wall (1.5m high) with the logo of the MHE community. Aged timber hardwood posts and landscaping with rusted steel edging will adjoin the stone wall.

*Rest of the document and Footnotes can be viewed at: (https://www.caselaw.nsw.gov.au/decision/195931f37ffe52b30af9a526)

Disclaimer: Curated by HT Syndication.