Landmark Group NSW Pty Ltd v Goulburn Mulwaree Council [2023] NSWLEC 1680

Land and Environment Court New South Wales

Medium Neutral Citation: Landmark Group NSW Pty Ltd v Goulburn Mulwaree Council [2023] NSWLEC 1680 Hearing dates: Conciliation conference on 9 November 2023 Date of orders: 10 November 2023 Decision date: 10 November 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA0099/2122, lodged with the Respondent on 19 August 2021, and as amended, being for the demolition and construction of 26 dwellings and a 29 Lot Community Title Subdivision under the Goulburn Mulwaree Local Environmental Plan 2009, at Lot 1 DP1099324, known as 30a Sloane Street, Goulburn NSW, is granted subject to the conditions in Annexure A. Catchwords: APPEAL – development application – multi dwelling housing and community title subdivision – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 55, 92, 98, Pt 6 Div 8A, Sch 1 Goulburn Mulwaree Local Environmental Plan 2009, cll 2.6, 4.1, 4.1A, 4.1B, 7.1A Interpretation Act 1987 s 30A Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021 ss 2.4, 6.65, 8.8, 8.9, Ch 8 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 Texts Cited: NSW Department of Planning Low Rise Housing Diversity Design Guide for Development Applications (July 2020) Category: Principal judgment Parties: Landmark Group NSW Pty Ltd (Applicant) Goulburn Mulwaree Council (Respondent) Representation: Counsel: M Seymour SC (Applicant) J Walker (Respondent)