NVE Menangle Pty Ltd v Wollondilly Shire Council and Department of Customer Services trading as Subsidence Advisory NSW [2022] NSWLEC 1546

Land and Environment Court New South Wales

Medium Neutral Citation: NVE Menangle Pty Ltd v Wollondilly Shire Council and Department of Customer Services trading as Subsidence Advisory NSW [2022] NSWLEC 1546 Hearing dates: Conciliation conference held on 4 October 2022 Date of orders: 07 October 2022 Decision date: 07 October 2022 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: 1) The appeal is upheld. 2) Development Application DA/2020/637/1, as amended, seeks Torrens title subdivision into two (2) residential lots on Lot 2 DP 734656, also known as 135 Quirkes Lane, Menangle is determined by grant of consent, subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – conciliation conference conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 Coal Mine Subsidence Compensation Act 2017, s 22 Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 4.47, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 4, 9 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4 Water Management Act 2000, s 91 Wollondilly Local Environmental Plan 2011, cl 2.3 Texts Cited: Wollondilly Development Control Plan 2016 Category: Principal judgment Parties: NVE Menangle Pty Ltd (Applicant) Wollondilly Shire Council (First Respondent) Department of Customer Services trading as Subsidence Advisory NSW (Second Respondent) Representation: Counsel: Warry (Solicitor) (Applicant) Hones (Solicitor) (First Respondent) Smith (Second Respondent)