Minas v Goulburn Mulwaree Council [2021] NSWLEC 1506

Land and Environment Court New South Wales

Medium Neutral Citation: Minas v Goulburn Mulwaree Council [2021] NSWLEC 1506 Hearing dates: Conciliation conference on 12 May 2021, 23 June 2021, 12 and 21 July 2021 Date of orders: 1 September 2021 Decision date: 01 September 2021 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: See [33], [34] and [35] Catchwords: DEVELOPMENT APPLICATION – alterations and additions to multi-storey dwelling – flooding impact – Building Information Certificate appeal – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.2, 4.5, 4.15, 4.16, 6.22, 6.23, 6.24, 6.25, 6.26, 8.7, 8.10, 8.14, 8.25 Environmental Planning and Assessment Regulation 2000, cll 49, 55, 77, 280 Goulburn Mulwaree Local Environmental Plan 2009, cll 2.3, 7.1 Land and Environment Court Act 1979, ss 17, 34, 39 State Environmental Planning Policy No 55 – Remediation of Land, reg 7 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cl 4 State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011, cl 10 Texts Cited: Building Code of Australia Goulburn Mulwaree Development Control Plan 2009 Wollondilly and Mulwaree Rivers Flood Study 2016 Wollondilly River and Mulwaree Chain of Ponds Floodplain Risk Management Study and Plan, March 2003 Category: Principal judgment Parties: George Minas (Applicant) Goulburn Mulwaree Council (Respondent) Representation: Counsel: J Palmer (Solicitor)(Applicant) M Winram (Solicitor)(Respondent)