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 911/2023 (the DA) for the subdivision of the land legally described as Lot 5 DP 1228880, known as 45 Mulloway Road, Chain Valley Bay (the site) into two lots.

2. As originally made in the DA, proposed Lot 51 had an area of 1.2ha, and proposed Lot 52 had an area of 9.4ha. DA 911/2023 did not propose any works on the site.

3. There is a separate (concurrent) development application (DA 885/2023) for the same site, seeking consent for vegetation remov...