Lendlease Communities (Wilton) Pty Ltd v Wollondilly Shire Council [2020] NSWLEC 1608

Land and Environment Court New South Wales

Medium Neutral Citation: Lendlease Communities (Wilton) Pty Ltd v Wollondilly Shire Council [2020] NSWLEC 1608 Hearing dates: Conciliation conference on 6 November 2020 Date of orders: 4 December 2020 Decision date: 04 December 2020 Jurisdiction: Class 1 Before: Dixon SC Decision: Proceedings 2019/200833 The Court orders that: (1) Leave is granted to the Applicant to rely on the amended plans and documents as set out at Annexure "A". (2) The Applicant is ordered to pay the Respondent's costs thrown away as a result of the amendment to the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The appeal is upheld. (4) Development application 641/2018 for the subdivision of land into residential allotments and associated works and infrastructure at Bingara Gorge, Wilton, NSW 2571 on land described as Lot 5 in DP 270536 (Lot 36 in DP270536 and Lot 81 in DP280044), Lot 31 in DP 270536 (Part Lot 33 in DP 270536), Lot 208 in DP 1104390, Lot 207 in DP 1104390 and Lot 206 in DP 1104390 is approved subject to the conditions set out in Annexure "B". Proceedings 2019/224408 The Court orders that: (1) Leave is granted to the Applicant to rely on the amended plans and documents as set out at Annexure "A". (2) The Applicant is ordered to pay the Respondent's costs thrown away as a result of the amendment to the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The appeal is upheld. (4) Development application 706/2018 for the subdivision of land into residential allotments, residue lots, community association lot, public roads, associated utility provisions and landscaping and associated works and infrastructure at Stirling Drive, Greenbridge Drive and Fairway Drive, Wilton NSW 2571 on land described as Lot 31 in DP 270536 (Part Lot 33 in DP 270536), Lot 26 in DP 270536 (Lot 205 in DP 1104390) and Lot 5 in DP 270536 (Lot 36 in DP 270536) is approved subject to the conditions set out in Annexure "B". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders – Staged development – Bingara Gorge Estate – Section 4.24 of the Environmental Planning and Assessment Act 1979 – development application in respect of the site consistent with the consent for the concept proposal Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Interpretation Act 1987 Land and Environment Court Act 1979 Mine Subsidence Compensation Act 1961 Protection of the Environment Administration Act 1991 Rural Fires Act 1997 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Transport Administration Act 1988 Water Management Act 2000 Wollondilly Local Environmental Plan 2011 Cases Cited: Bay Simmer Pty Ltd v State of New South Wales (2017) 222 LGERA 286; [2017] NSWCA 135 Bilborough v Deputy Commissioner of Taxation (2007) 162 FCR 160; [2007] FCA 773 Director of Public Prosecutions v Yigit (2008) 51 MVR 105; [2008] NSWCA 226 Woolworths Pty Ltd v Lister [2004] NSWCA 292 Texts Cited: Beyond the Pavement Design Code 2004 Beyond the Pavement RTA Urban Design Policy, Procedures and Design Principles Environmental Criteria for Road Traffic Noise (EPA 1999 Environmental Noise Management Manual Noise Mitigation Guideline NSW Road Noise Policy Planning for Bushfire Protection 2019 Wollondilly Development Control Plan 2011 Wollondilly Development Control Plan 2016 Category: Principal judgment Parties: Lendlease Communities (Wilton) Pty Ltd (Applicant) Wollondilly Shire Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) T Robertson SC (Respondent)