Powerex Group Pty Ltd v Wingecarribee Shire Council [2023] NSWLEC 1074

Land and Environment Court New South Wales

Medium Neutral Citation: Powerex Group Pty Ltd v Wingecarribee Shire Council [2023] NSWLEC 1074 Hearing dates: Conciliation conference on 7 February 2023 Date of orders: 21 February 2023 Decision date: 21 February 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) Leave is granted to amend the development application consistent with the plans and documents set out in Condition 2 of Annexure A. (2) The appeal is upheld. (3) Development Application No. DA22/1318, lodged with the Respondent via the NSW Planning Portal on 22 February 2022, being for the demolition of existing buildings and works, subdivision of land and carrying out of works to create 22 residential lots, and carrying out of works for the purposes of a road, and tree removal, at Lot 24 DP535979 and Lot 1 DP618016, known as 54-56 and 58 Robertson Road, Moss Vale NSW, is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation)2021, Ch 6, Pt 6.5 State Environmental Planning Policy (Koala Habitat Protection) 2021, cl 11 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 Wingecarribee Shire Local Environmental Plan 2010, cll 4.1, 5.21 Category: Principal judgment Parties: Powerex Group Pty Ltd (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: J Smith (Applicant) B Dyer (Solicitor) (Respondent)