4060 Brundah Road Pty Ltd v Wollondilly Shire Council [2023] NSWLEC 1041

Land and Environment Court New South Wales

Medium Neutral Citation: 4060 Brundah Road Pty Ltd v Wollondilly Shire Council [2023] NSWLEC 1041 Hearing dates: Conciliation Conference 15 December 2022 Date of orders: 03 February 2023 Decision date: 03 February 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld; (2) Development consent is granted to DA/2021/1178/1 for the subdivision of Lot 10 DP 1262991 and Lot 3 DP 244682 into six residential lots and one residue lot subject to the conditions set out in Annexure A. Catchwords: APPEAL – development application – subdivision of land – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl55 Environmental Planning and Assessment Regulation 2021 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 4, 9, ss 4.9, 6.65, 9.3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Wollondilly Local Environmental Plan 2011 cl 2.6, 6.1, 6.2, 7.5 Category: Principal judgment Parties: 4060 Brundah Road Pty Ltd (Applicant) Wollondilly Shire Council (Respondent) Representation: Counsel: A Perkins (Solicitor) (Applicant) A Menyhart (Solicitor) (Respondent)