Rochester Estate Pty Ltd v Wingecarribee Shire Council [2020] NSWLEC 1517

Land and Environment Court New South Wales

Medium Neutral Citation: Rochester Estate Pty Ltd v Wingecarribee Shire Council [2020] NSWLEC 1517 Hearing dates: 15-16 October 2020 Date of orders: 28 October 2020 Decision date: 28 October 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The Respondent is granted leave to amend the Statement of Facts and Contentions to raise a contention requiring the provision of a Conservation Management Plan for the draft heritage item. (2) The Applicant is granted leave to amend the application to rely on an amended landscape plan and drainage plan. (3) The appeal is upheld. (4) Development Application No. 20/1139 for a four lot subdivision and associated works at 102-104 Old Wingello Road, Bundanoon, is approved, subject to the conditions of consent at Annexure A. (5) The exhibits, other than Exhibits 1, A and B, are returned. Catchwords: DEVELOPMENT APPLICATION – subdivision – draft heritage item Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 State Environmental Planning Policy (Koala Habitat Protection) 2019 State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 Uniform Civil Procedure Rules 2005 Wingecarribee Local Environmental Plan 2010 Cases Cited: Terrace Towers Holdings Pty Limited v Sutherland Shire Council (2003) 129 LGERA 195; [2003] NSWCA 289 MacDonald v Mosman Municipal Council [1999] NSWLEC 215 Texts Cited: Bundanoon Township Plan Development Control Plan Land and Environment Court of New South Wales Practice Note – Class 1 Development Appeals Category: Principal judgment Parties: Rochester Estate Pty Ltd (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: J Reid (Applicant) R O'Gorman-Hughes (Respondent)