ELK Designs Newcastle Pty Ltd v Wingecarribee Shire Council [2023] NSWLEC 1088

Land and Environment Court New South Wales

Medium Neutral Citation: ELK Designs Newcastle Pty Ltd v Wingecarribee Shire Council [2023] NSWLEC 1088 Hearing dates: Conciliation conference on 05 December 2022 Date of orders: 01 March 2023 Decision date: 01 March 2023 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the Development Application, pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount as agreed or assessed. (2) The Appeal is upheld. (3) Development Application No. DA-22/0548 for the demolition of the existing dwelling and ancillary structures and construction of a multi-dwelling housing development consisting of eight (8) dwellings at 16 Ascot Road, Bowral, is determined by way of granting development consent, subject to the conditions set out in Annexure "A" to this agreement. Catchwords: DEVELOPMENT APPLICATION – multi dwelling development - amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.64 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Wingecarribee Local Environmental Plan 2010, cll 2.7, 7.3. Category: Principal judgment Parties: ELK Designs Newcastle Pty Ltd (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: G Hartley (Solicitor)(Applicant) T Hislop (Solicitor)(Respondent)