Kiangatha Holdings Pty Ltd v Oberon Council [2020] NSWLEC 1386

Land and Environment Court New South Wales

Medium Neutral Citation: Kiangatha Holdings Pty Ltd v Oberon Council [2020] NSWLEC 1386 Hearing dates: Conciliation conference on 3-4 December 2019; 7 May 2020; 30 June 2020; 24 July 2020; 7 August 2020 Date of orders: 21 August 2020 Decision date: 21 August 2020 Jurisdiction: Class 1 Before: Dixon SC Decision: See orders at [33] below. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979 Fisheries Management Act 1994 Land and Environment Court Act 1979 Oberon Local Environmental Plan 2013 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 Category: Principal judgment Parties: Kiangatha Holdings Pty Ltd (Applicant) Oberon Council (Respondent) Representation: Counsel: D O'Donnell (Solicitor) (Applicant) J Reid (Respondent)

Solicitors: Dentons Australia Limited (Applicant) Crennan Legal Pty Ltd (Respondent) File Number(s): 2019/182647 Publication restriction: No

Judgment 1. COMMISSIONER: These proceedings relate to an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 ('EPA Act') against Oberon Council's ('Council') deemed refusal of Development Application No. DA-10.2019.15.1 ('DA') for the use of part of the existing tracks as roads to maintain grazing land associated with use of the property for extensive agriculture, and associated stabilisation and rehabilitation works. 2. Kiangatha Holdings Pty Ltd (Applicant) owns a large land holding of about 300 hectares comprised of 12 separate lots: 1. The DA relates to the above land with the exception of Lot 9 in DP 1213121 which is located in the City of Lithgow ('Land'). 2. The applicant seeks leave to rely on the following amended plans and documentation: DESCRIPTION PREPARED BY REV DATE Open Track Operational Environmental Management Plan Landloch - Simon Buchanan 1 06 May 2020 Closed Track Rehabilitation Plan Landloch - Simon Buchanan 1 06 May 2020