Charles David Pty Ltd v Upper Hunter Shire Council [2022] NSWLEC 1701

Land and Environment Court New South Wales

Medium Neutral Citation: Charles David Pty Ltd v Upper Hunter Shire Council [2022] NSWLEC 1701 Hearing dates: Conciliation conference held on 8 December 2022 Date of orders: 22 December 2022 Decision date: 22 December 2022 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application 163/2017, as amended, for a Torrens title 377 lot residential subdivision and associated works on Lot 2 DP 1169320, known as 150 Gundy Road, and part of Lot 2 DP 1237000, Scone is determined by the grant of consent, subject to the conditions in 'Annexure A'. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – dryland salinity and groundwater management – lot design and landscaping relevant to site constraints - conciliation conference conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 4.47, 8.3, 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 State Environment Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 Upper Hunter Local Environmental Plan 2013, cl 2.3 Texts Cited: Upper Hunter Development Control Plan 2015 Category: Principal judgment Parties: Charles David Pty Ltd (Applicant) Upper Hunter Shire Council (Respondent) Representation: Counsel: M Harker (Applicant) A Pickup (Solicitor)(Respondent)