Forte Wins Planning Approval in Kiama Heights development Case

We are pleased to announce that Forte Kiama Heights Development Pty Ltd has achieved a significant victory in the Land and Environment Court of New South Wales. On 10 July 2024, the Court delivered its decision in the case of Forte Kiama Heights Development Pty Ltd v Kiama Municipal Council [2024] NEWLEC 1390, ruling in favor of Forte.

Case Summary:

  • Conciliation Conference Dates: 31 May 2024 and 14 June 2024
  • Decision Date: 10 July 2024
  • Case Classification: Class 1

Court Orders:

  1. Appeal Upheld: The Court upheld Forte’s appeal.
  2. Modification of Development Consent DA 10.2022.113.1: The development consent was modified as per the terms outlined in Annexure A.
  3. Modified Development Consent DA 10.2022.113.1: The modified consent is detailed in Annexure B.

Case Details:

  • Modification Application: Multi-dwelling housing development in an R2 Low Density Residential zone.
  • Conciliation Conference: An agreement was reached between the parties, leading to the Court’s orders.
  • Applicable Legislation:
    • Environmental Planning and Assessment Act 1979, Sections 4.15, 4.55, and 8.9
    • Land and Environment Court Act 1979, Section 34
    • Environmental Planning and Assessment Regulation 2021, Section 113
    • Kiama Local Environmental Plan 2011, Clauses 4.1E, 4.3, and 4.6
    • State Environmental Planning Policy (Resilience and Hazards) 2021, Sections 2.10 and 2.11
    • SDHA Pty Ltd v Waverley Council (2015) 209 LGERA 233; [2015] NSWLEC 65

This victory marks a major milestone in the planning and development of the Kiama Heights project and highlights our commitment to responsible development and environmental management. We extend our gratitude to all team members and supporters who have contributed to this success.

Stay tuned for more updates and achievements as we continue to drive innovation and progress.

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