Long v Wingecarribee Shire Council [2023] NSWLEC 1071

Land and Environment Court New South Wales

Medium Neutral Citation: Long v Wingecarribee Shire Council [2023] NSWLEC 1071 Hearing dates: Conciliation conference on 8 December 2022 Date of orders: 16 February 2023 Decision date: 16 February 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The Applicant is granted leave to amend the application to rely on amended plans and additional information listed in the Conditions of Consent at Annexure A. (2) The appeal is upheld. (3) Development Application No. 22/1350 for the construction of a timber framed weatherboard dwelling and conversion of the existing cottage to a studio, at 381 Wildes Meadow Road, Wildes Meadow, is determined by the grant of consent, subject to the Conditions of Consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – construction of a second dwelling – conciliation conference – agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 55, 55AA, 121B Environmental Planning and Assessment Regulation 2021, Sch 6, s 3 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.65, 8.8 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Wingecarribee Local Environmental Plan 2010 Category: Principal judgment Parties: Amelia Elizabeth Long (First Applicant) Christine Elizabeth Long (Second Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) J Walker (Solicitor) (Respondent)