Eisenschmitt Pty Ltd v Wingecarribee Shire Council [2022] NSWLEC 1136

Land and Environment Court New South Wales

Medium Neutral Citation: Eisenschmitt Pty Ltd v Wingecarribee Shire Council [2022] NSWLEC 1136 Hearing dates: Conciliation conference held on 9 March 2021 Date of orders: 23 March 2022 Decision date: 23 March 2022 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: 1) The appeal is upheld. 2) Development Consent is granted to DA/21/0992 for the demolition of existing structures and construction of a multi dwelling housing development comprising 9 townhouse dwellings at 3 Brewster Street, Mittagong, subject to conditions contained in Annexure 'A. Catchwords: DEVELOPMENT APPLICATION – residential dwelling construction – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Environmental Planning and Assessment Regulation 2021, Sch 6 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4 State Environmental Planning Policy – Building Sustainability Index (BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Wingecarribee Local Environmental Plan 2010 Texts Cited: Mittagong Township Development Control Plan 2010 Category: Principal judgment Parties: Eisenschmitt Pty Ltd (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: M Sonter (applicant) J Corradini-Bird (Respondent)