Wolin Investments Pty Ltd v Mid-Coast Council [2023] NSWLEC 1053

Land and Environment Court New South Wales

Medium Neutral Citation: Wolin Investments Pty Ltd v Mid-Coast Council [2023] NSWLEC 1053 Hearing dates: Conciliation on 24 October, 21 November, 8 and 19 December 2022 Date of orders: 09 February 2023 Decision date: 09 February 2023 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA100/2019 for the staged subdivision of the land described as Lot 2 DP 1154170 and known as 90 Viney Creek Road, East Tea Gardens, to create 226 Torrens Title lots, one drainage reserve and two public reserves subject to the conditions in Annexure A. Catchwords: APPEAL – development application – staged residential subdivision – conciliation conference – agreement reached – orders made Legislation Cited: Biodiversity Conservation Act 2016, s 7.7 Biodiversity Conservation Regulation 2017, s 7.2 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.10 Environmental Planning and Assessment Regulation 2000, cll 3, 49, 55, Sch 1 cl 2A Environmental Planning and Assessment Regulation 2021, Sch 6 Pt 1 s 3 Great Lakes Local Environmental Plan 2014, cll 2.3, 2.6, 4.1, 6.1, 6.2, 7.1, 7.2, 7.3, 7.5, 7.6 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021, cl 8 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 3 State Environmental Planning Policy Amendment (Flood Planning) 2021, cl 5.21 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.122, Sch 3 Category: Principal judgment Parties: Wolin Investments Pty Ltd (Applicant) Mid-Coast Council (Respondent) Representation: Counsel: A McKelvey (Solicitor) (Applicant) A Pickup (Respondent)