Mecone Group Pty Ltd v Wingecarribee Shire Council [2023] NSWLEC 1608

Land and Environment Court New South Wales

Medium Neutral Citation: Mecone Group Pty Ltd v Wingecarribee Shire Council [2023] NSWLEC 1608 Hearing dates: Conciliation conference on 11 September 2023 Date of orders: 17 October 2023 Decision date: 17 October 2023 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA22/1193 for earthworks, demolition, tree removal, construction of a self-storage facility, new business identification signs and landscaping at 100 Bowral Road, Mittagong NSW 2575 (Lot 12 DP 817002, Lot 18 DP 1108714 and Lot 33 DP 1138429), is determined by way of granting development consent, subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – self-storage facility – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, Pt 7, s 7.7 Environmental Planning and Assessment Act 1979, ss 1.7, 4.15, 8.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy Amendment (Land Use Zones) 2023 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 8.5, 8.9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Div 15, s 2.98, Div 17, s 2.119 State Environmental Planning Policy (Industry and Employment) 2021, ss 3.1, 3.11, Sch 5 Wingecarribee Local Environmental Plan 2010, cll 2.7, 4.3, 4.4, 4.6, 7.3 Texts Cited: State of NSW Environmental Protection Authority, Waste Collection Classification Guidelines Part 1: Classifying Waste, 2014 Category: Principal judgment Parties: Mecone Group Pty Ltd (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: P Murray (Solicitor) (Applicant) S Kondilios (Solicitor) (Respondent)