Beaches Capital Ventures Pty Limited v Wingecarribee Shire Council [2022] NSWLEC 1504

Land and Environment Court New South Wales

Medium Neutral Citation: Beaches Capital Ventures Pty Limited v Wingecarribee Shire Council [2022] NSWLEC 1504 Hearing dates: 31 August 2022 Date of orders: 16 September 2022 Decision date: 16 September 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is dismissed. (2) The exhibits, other than Exhibits 1 and C, are returned. Catchwords: INTERIM HERITAGE ORDER – appeal against the interim heritage order over part of the land – interim heritage order made by the council – the conditions of the Ministerial order authorising the council to make interim heritage orders are met – the part of the site not containing the dwelling is of local heritage significance Legislation Cited: Environmental Planning and Assessment Act 1979 Heritage Act 1977, ss 4, 4A, 25, 30, 57 Land and Environment Court Act 1979, ss 34, 39 Wingecarribee Local Environmental Plan 2010, Sch 5 Cases Cited: Byron Ventilink Pty Limited v Byron Shire Council (2005) 142 LGERA 215; [2005] NSWLEC 395 Texts Cited: New South Wales Government Gazette, No 90, 12 July 2013 New South Wales Government Gazette, No 598, 19 November 2021 Category: Principal judgment Parties: Beaches Capital Ventures Pty Limited (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: R White (Applicant) A Seton (Solicitor) (Respondent)

Solicitors: Mills Oakley (Applicant) Marsdens Law Group (Respondent) File Number(s): 2021/358017 Publication restriction: No