Semaan v Goulburn Mulwaree Council [2023] NSWLEC 1129

Land and Environment Court New South Wales

Medium Neutral Citation: Semaan v Goulburn Mulwaree Council [2023] NSWLEC 1129 Hearing dates: Conciliation conference on 15 February 2023 Date of orders: 23 March 2023 Decision date: 23 March 2023 Jurisdiction: Class 1 Before: Adam AC Decision: The Court orders: (1) Leave is granted to the Applicants to amend DA/0212/2122, to rely on the amended plans and documents specified in Annexure A. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicants are to pay the Respondent's costs thrown away as a result of order (1) in the sum of $8,000 within 28 days of the date of this order. (3) The appeal is upheld. (4) Development Application No. DA/0212/2122, as amended, at 555 Forest Siding Road, Middle Arm legally known as Lots 154, 155, 266 and 275 DP 750045 and Lot 2 DP 515942 is determined by grant of consent, subject to the conditions of consent contained in Annexure B, except for: (a) subdivision of the land into two lots; (b) identification of a building envelope upon the previously proposed Lot 1; (c) restriction on the use of land for the building envelope and vegetation management for the previously proposed Lot 1; and (d) Vegetation Management Plan on the previously proposed Lot 1. Catchwords: DEVELOPMENT APPLICATION – appeal – actual refusal – farm building – principal dwelling – secondary dwelling – conciliation conference –agreement between parties – orders made Legislation Cited: Biodiversity Conservation Act 2016, s 7.2 Biodiversity Conservation Regulation 2017, cll 7.2, 7.3 Environmental Planning and Assessment Act 1979 ss 4.14, 8.7 Goulburn Mulwaree Local Environmental Plan 2009, cll 7.1A, 7.2 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 3.2; s 6.65; Ch 8 ss 8.5, 8.8, 8.9 (repealed) State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Toni Semaan (First Applicant) Elias Semaan (Second Applicant) Goulburn Mulwaree Council (Respondent) Representation: Counsel: A Kliese (Solicitor) (Applicants) K Mortimer (Solicitor) (Respondent)