Woodbine Park Nominees Pty Limited v Wingecarribee Shire Council [2021] NSWLEC 1530

Land and Environment Court New South Wales

Medium Neutral Citation: Woodbine Park Nominees Pty Limited v Wingecarribee Shire Council [2021] NSWLEC 1530 Hearing dates: 29 July 2021, supplementary written submissions 27 August 2021 Date of orders: 14 September 2021 Decision date: 14 September 2021 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The appeal is upheld. (2) Application 03/2011.06 pursuant to s 4.55(2) of the Environmental Planning and Assessment Act 1979 to modify the development consent LUA03/2011 granted on 20 July 2006 (as amended by previous modification applications), is modified in accordance with the conditions set out in Annexure A. (3) As a consequence of the modification, the development consent LUA03/2011, is subject to the consolidated, modified conditions of consent set out in Annexure B. (4) The exhibits are returned except for exhibit B and exhibit 2. Catchwords: MODIFICATION APPLICATION – bulk water extraction and storage – removal of trial period condition – contentions resolved – consent orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Environmental Planning and Assessment Act 1979, (as at 1 January 2018), s 96(2)(c) Environmental Planning and Assessment Regulation 2000, cl 119 Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017, cl 16 Protection of the Environment Operations Act 1997 Wingecarribee Local Environmental Plan 2010 Cases Cited: Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd (No 3) [2015] NSWLEC 75 Arrage v Inner West Council [2019] NSWLEC 85 Scrap Realty Pty Ltd v Botany Bay City Council (2008) 166 LGERA 342; [2008] NSWLEC 333 Texts Cited: Austroads, Guide to Road Design Part 4A: Unsignalised and Signalised Intersections (2021) Practice Note – Class 1 Development Appeals, Land and Environment Court of New South Wales (2018) Category: Principal judgment Parties: Woodbine Park Nominees Pty Limited (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: H El Hage (Applicant) J Fan (Solicitor) (Respondent)