Altomonte (Nominees) Pty Ltd v ib vogt GmbH on behalf of Sun Spot 4 Pty Ltd [2022] NSWLEC 1138

Land and Environment Court New South Wales

Medium Neutral Citation: Altomonte (Nominees) Pty Ltd v ib vogt GmbH on behalf of Sun Spot 4 Pty Ltd [2022] NSWLEC 1138 Hearing dates: Conciliation conference on 17 February 2022 Date of orders: 18 March 2022 Decision date: 18 March 2022 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The appeal is upheld, in part. (2) State Significant Development Application 8847 for the Dunedoo Solar Farm as described in the documents comprising the "EIS" (as defined in Annexure "A") is determined by the grant of consent subject to the conditions set out in Annexure "A". (3) The appeal is otherwise dismissed. Catchwords: DEVELOPMENT APPLICATION – State Significant Development – proposal for a 55-megawatt solar farm facility – conciliation conference – agreement between the parties – orders Legislation Cited: Contaminated Land Management Act 1997 Environmental Planning and Assessment Act 1979, ss 4.38, 8.8 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 3, 4, cll 3.6, 4.9, 4.10 State Environmental Planning Policy (Resilience and Hazards) 2021, Chs 3, 4, cl 4.6 State Environmental Planning Policy (State and Regional Development) 2011 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 2, cl 2.42 Warrumbungle Local Environmental Plan 2013, cll 6.3, 6.4, 6.5 Category: Principal judgment Parties: Altomonte (Nominees) Pty Ltd (Applicant) ib vogt GmbH on behalf of Sun Spot 4 Pty Ltd (First Respondent) Minister for Planning and Public Spaces (Second Respondent) Representation: Counsel: C Drury (Solicitor) (Applicant) K Richards (Solicitor) (First Respondent) L Sims (Second Respondent)