Lasovase Pty Ltd v Wingecarribee Shire Council [2021] NSWLEC 1316

Land and Environment Court New South Wales

Medium Neutral Citation: Lasovase Pty Ltd v Wingecarribee Shire Council [2021] NSWLEC 1316 Hearing dates: 15 and 16 March 2021 Date of orders: 2 June 2021 Decision date: 02 June 2021 Jurisdiction: Class 1 Before: Bradbury AC Decision: Proceedings 2019/404313: The Court orders that: (1) The appeal is upheld. (2) Development application no DA 20/0331 for the erection of a dwelling house on proposed lot 1 in the plan of subdivision the subject of Proceedings no 2019/368567 currently described as Lot 1 DP 725832 and known as 421 Myra Vale Road Wildes Meadow, is determined by the grant of development consent subject to the conditions in Annexure A. (3) The exhibits are returned, except for exhibits A, B, C, 2, 7 and 8. Proceedings 2019/368567: The Court orders that: (1) The appeal is upheld. (2) Development application no DA19/0963 for the subdivision, by way of boundary adjustment and consolidation, of Lot 14 DP 661321, Lot 1 DP 725832 and Lot 14 DP1080826 is determined by the grant of development consent subject to the conditions in Annexure B. (3) The exhibits are returned, except for exhibits A, B, C, 2, 7 and 8. Catchwords: APPEAL – development application – subdivision – dwelling house – impact on views – building envelope – s88B instrument Legislation Cited: Conveyancing Act 1919 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Rural Fires Act 1997 State Environmental Planning Policy No.55 – Remediation of Land State Environmental Planning Policy (Primary Production and Rural Development) 2019 State Environmental Planning Policy (Rural Lands) 2008 State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 Wingecarribee Local Environmental Plan 2010 Cases Cited: Macdonald v Mosman Municipal Council (1999) 105 LGERA 49; [1999] NSWLEC 215 Our Firm Facility Pty Ltd v Wyong Shire Council [2001] NSWLEC 243 Parrott v Kiama Municipal Council [2004] NSWLEC 77 Rose Bay Marina Pty Limited v Woollahra Municipal Council and anor [2013] NSWLEC 1046 Taralga Landscape Guardians Inc v Minister for Planning (2007) 161 LGERA 1; [2007] NSWLEC 59 Tenacity Consulting Pty Ltd v Warringah Council (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: Wingecarribee Shire Rural Lands Development Control Plan 2010 Category: Principal judgment Parties: Lasovase Pty Ltd (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: P Tomasetti SC and T Poisel (Applicant) Dr J Smith (Respondent)