White v Wingecarribee Shire Council [2023] NSWLEC 1084

Land and Environment Court New South Wales

Medium Neutral Citation: White v Wingecarribee Shire Council [2023] NSWLEC 1084 Hearing dates: Conciliation conference on 24 January 2023 Date of orders: 24 February 2023 Decision date: 24 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 listed in the Conditions of Consent at Annexure A. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application, as agreed or assessed, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development Application No. 22/0792 for a seniors housing development comprising 40 self-contained dwellings and associated works, at Lots 21 and 22 Section 1 in DP 651 and Lots 3 and 4 in DP 1100480, located at Ferguson Crescent and Belmore Road, Mittagong, is determined by the grant of consent, subject to the Conditions of Consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – seniors housing development – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.46, 8.7, 8.15 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, s 34 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 4.9, 6.65, Chs 6-12 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.91, 2.100 Wingecarribee Local Environmental Plan 2010, cll 4.1, 4.3, 4.4, 5.21, 7.3, 7.10 Category: Principal judgment Parties: Rebecca White (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: P Tomasetti SC (Applicant) J Walker (Solicitor) (Respondent)