Canberra Estates Consortium No 69 Pty Limited v Queanbeyan-Palerang Regional Council [2022] NSWLEC 1734

Land and Environment Court New South Wales

Medium Neutral Citation: Canberra Estates Consortium No 69 Pty Limited v Queanbeyan-Palerang Regional Council [2022] NSWLEC 1734 Hearing dates: Conciliation conference on 21 October 2022, 5 December 2022 and 15 December 2022 Date of orders: 23 December 2022 Decision date: 23 December 2022 Jurisdiction: Class 1 Before: Adam AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA.2021.1284, to rely on the amended plans and documents specified in Annexure A. (2) The appeal is upheld. (3) Development Application no. DA.2021.1284 for: (a) the concept approval for the staged subdivision of land at 360A Alderson Place, Tralee NSW 2620 and identified as Lot 126 DP 1269436 and part Lot 189 DP 1272220 (formerly known as the lot references set out in Annexure B to the Class 1 Application) for residential purposes, and (b) stages 1 and 2 of the residential subdivision, being the subdivision of the part of the land identified as Lot 126 DP 1269436 to create 161 residential lots (as amended by Annexure B, Schedule 2, Condition 3), 1 open space lot detention basin, 3 open space lots, 2 residue lots and associated roads, infrastructure and landscaping, is determined by the grant of consent subject to the conditions set out in Annexure 'B'. Catchwords: APPEAL – deemed refusal – subdivision for future residential development – conciliation conference – agreement between the parties – orders made Legislation Cited: Biodiversity Conservation Act 2016, Pt 7 Environmental Planning and Assessment Act 1979 ss 4.7, 4.15, 8.7, Div 4.8 Environmental Planning and Assessment Regulation 2000 cl 55 Land and Environment Court Act 1979 s 34 National Parks and Wildlife Act 1974 Queanbeyan Local Environmental Plan (South Jerrabomberra) 2012 cll 2.6, 4.1, 4.6, 5.10, 5.21, 6.1, 6.2, 6.3, 7.1, 7.2, 7.3, 7.4, 7.6 Queanbeyan-Palerang Local Environmental Plan 2022 Rural Fires Act 1997 s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021 s 4.9 State Environmental Planning Policy (Planning Systems) 2021 Sch 6 s 1 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 Water Management Act 2000 Pt 3, Ch 3 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Texts Cited: South Jerrabomberra Development Control Plan 2015 Category: Principal judgment Parties: Canberra Estates Consortium No 69 Pty Limited (Applicant) Queanbeyan-Palerang Regional Council (Respondent) Representation: Counsel: M Staunton (Applicant) A Menyhart (Solicitor) (Respondent)