Djuric v Wingecarribee Shire Council [2023] NSWLEC 1634

Land and Environment Court New South Wales

Medium Neutral Citation: Djuric v Wingecarribee Shire Council [2023] NSWLEC 1634 Hearing dates: Conciliation conference on 28 September 2023 final submissions 17 October 2023 Date of orders: 26 October 2023 Decision date: 26 October 2023 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay those costs of the respondent that were thrown away as a result of the amendment of the application for development consent, as agreed or assessed. (2) The appeal is upheld. (3) Development consent is granted to development application number DA22/1263 for a mixed-use development consisting of commercial uses, tourist and visitor accommodation, and residential apartments including 12 tourist and visitor rooms (3 x 2 bed rooms and 9 x single bed rooms) and residential apartments comprising 10 dwellings (6 x 2 bedroom and 4 x 3 bedroom units) above 2 levels of basement carparking located at 35 - 37 Station Street, Bowral subject to the conditions in Annexure A. Catchwords: APPEAL – development application – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 8, ss 8.8, 8.9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy Amendment (Water Catchments) 2022 State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 2, Pt 2.3, Div 15, Subdiv 2, 2.98, 2.99, 2.100, Div 17, 2.119, 2.120, 2.122 Wingecarribee Local Environmental Plan 2010, cl 5.10 Category: Principal judgment Parties: Sibin Djuric (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: A Chryssochoides (Solicitor) (Applicant) B Dyer (Solicitor) (Respondent)