Baron Corporation Pty Limited v Wingecarribee Shire Council [2023] NSWLEC 1618

Land and Environment Court New South Wales

Medium Neutral Citation: Baron Corporation Pty Limited v Wingecarribee Shire Council [2023] NSWLEC 1618 Hearing dates: Conciliation conference on 16 October 2023 Date of orders: 26 October 2023 Decision date: 26 October 2023 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) The Court, in exercising the functions of Wingecarribee Shire Council, as the relevant consent authority, under s 39(2) of the Land and Environment Court Act 1979, agrees, under s 38(1) of the Environmental Planning and Assessment Regulation 2021, to the applicant amending Development Application No DA23/0169 in accordance with the amended plans and additional information listed in Annexure B. (3) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of the amendment to the application for development consent as agreed or assessed. (4) Development Application No DA23/0169 lodged on 11 August 2022, as amended, for the subdivision of land into 18 Torrens title lots and associated site works at 64 Farnborough Drive, Moss Vale is determined by the grant of development consent subject to the conditions of consent in Annexure A. Catchwords: APPEAL – development application – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 ss 7.3, 7.12 Environmental Planning and Assessment Act 1979, ss 4.16, 4.46, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021 s 4.9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 Water Management Act 200 s 91 Wingecarribee Local Environmental Plan 2010, cll 2.3, 2.6, 4.1, 5.16, 7.1, 7.3, 7.10 Category: Principal judgment Parties: Baron Corporation Pty Limited (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: M Wright SC (Applicant) G Dyer (Solicitor) (Respondent)