Canplay Pty Ltd v Eurobodalla Shire Council [2026] NSWLEC 1420
Before: Porter C · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of development application DA/0095/24 for construction of an attached dual occupancy, deck and associated works, strata subdivision, relocation of sewer main and for the use of the existing retaining walls (coastal protection works) and beach access pathway/stairs (DA) at 217A Beach Road, Denhams Beach (Lot 2 in DP 773132) (site). The relevant consent authority has approv
Catchwords
DEVELOPMENT APPEAL – dual occupancy – conciliation conference – agreement between the parties – orders
Outcome
The Court orders: (1) The appeal is upheld. (2) Development application DA0095/24 for the construction of an attached dual occupancy, deck and associated works with strata subdivision, relocation of sewer main and use of existing retaining walls (coastal protection works) and beach access pathway/stairs at 217A Beach Road, Denhams Beach is granted development consent subject to the conditions at Annexure A.
Legislation cited
Coastal Management Act 2016 (NSW), ss 4, 27 Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7 Land and Environment Court Act 1979 (NSW), ss 34, 34AA Marine Estate Management Act 2014 (NSW), s 56 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 Eurobodalla Local Environment Plan 2012, cll 2.6, 2.7, 4.3, 6.2, 6.9 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ch 2 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.4, 2.10, 2.11, 2.12, 2.13, 4.6 State Environmental Planning Policy (Sustainable Buildings) 2021 State Environmental Planning Policy (Planning Systems) 2021, ss 2.19, 4.5 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48
Read the full judgment
Authoritative text on NSW Caselaw · ~16k words
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