Eisenschmitt Pty Ltd v Wingecarribee Shire Council [2023] NSWLEC 1275

Land and Environment Court New South Wales

Medium Neutral Citation: Eisenschmitt Pty Ltd v Wingecarribee Shire Council [2023] NSWLEC 1275 Hearing dates: Conciliation conference on 7 March 2023 Date of orders: 05 June 2023 Decision date: 05 June 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is granted leave to amend the development application to rely on the plans and documents listed at Condition 2 of Annexure A. (2) The applicant is to pay the respondent's costs thrown away as a result of the amendments made as agreed or assessed, in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The appeal is upheld. (4) Development application no. 22/0884 for demolition of the existing structures, removal of trees, construction of a multi-dwelling housing development comprising of 7 townhouses and associated car parking at 4-6 Etheridge Street, Mittagong, is determined by a grant of consent subject to conditions contained in Annexure 'A'. Catchwords: APPEAL – development application – multi dwelling housing development – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.15(3) Environmental Planning and Assessment Regulation 2000, cl 55 Interpretation Act 1987, s 30A Land and Environment Court Act 1979, ss 34, 39 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.10, 6.64; Chs 2, 4; Pt 6.5 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Koala Habitat Protection) 2021 (repealed), ss 6, 12; Sch 1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 (repealed) State Environmental Planning Policy No 55 – Remediation of Land (repealed) Water Management Act 2000, s 91 Wingecarribee Local Environmental Plan 2010, cll 5.11, 5.21, 7.1, 7.3 Category: Principal judgment Parties: Eisenschmitt Pty Ltd (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: K Marginson (Solicitor) (Applicant) B Dyer (Solicitor) (Respondent)