Event and Time
Event Description
- This case involves a development application (DA No. 10.2021.361.1) submitted by Universal Property Group (the Applicant) for the subdivision of land into 11 Torrens title lots in Kiama Downs, NSW.
- The Applicant appealed against the refusal of the development application by the Kiama Municipal Council (the Respondent).
- The matter was considered in accordance with the provisions of the Environmental Planning and Assessment Act 1979 (EP&A Act), during which a conciliation conference was held.
Application and Claims
- The Applicant sought consent for various activities including:
- Subdivision of land. - Demolition of existing bollards. - Relocation of a power pole and line. - Construction of a road. - Provision of stormwater infrastructure. - Landscaping and earthworks.
- The application went through public notification and received nine submissions from the community, highlighting concerns particularly about access after subdivision.
Judicial Decisions
- The Court upheld the appeal based on the parties’ in-principle agreement reached during the conciliation conference.
- The Court granted development consent to the amended application, subject to conditions outlined in Annexure A.
- The Applicant was ordered to pay the Council's costs of $14,000.
Dispute Points and Legal Basis
Dispute Points
- Applicants’ Arguments:
- The development complies with the zoning and local planning controls. - The environmental and flood assessments were conducted and met regulatory requirements. - The project will benefit the community by providing new housing opportunities.
- Respondent’s Arguments:
- Concerns raised by local objectors regarding traffic, safety, environmental impacts, and the adequacy of flood management. - Initial refusal based on perceived non-compliance with planning controls and community concerns.