Lee v Wingecarribee Shire Council [2023] NSWLEC 1788

Land and Environment Court New South Wales

Medium Neutral Citation: Lee v Wingecarribee Shire Council [2023] NSWLEC 1788 Hearing dates: Conciliation conference on 5 December 2023 Date of orders: 22 December 2023 Decision date: 22 December 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA22/0890 for subdivision of one lot into six lots with associated civil works at 267 Bundanoon Road, Exeter is determined by the grant of consent subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision of land and civil works in RU4 Primary Production Small Lots – conciliation conference – agreement between parties – orders Legislation Cited: Biodiversity Conservation Act 2016, ss 7.12, 7.13, 7.16 Biodiversity Conservation Regulation 2017, cll 7.1, 7.2 Conveyancing Act 1919, s 88B Environmental Planning and Assessment Act 1979, ss 4.46, 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 38 Environment Protection and Biodiversity Conservation Act 1999 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.65, 8.8, 8.9, Ch 8 State Environmental Planning Policy (Koala Habitat Protection) 2021, cl 11 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Wingecarribee Local Environmental Plan 2010, cll 4.1, 5.16, 7.3, 7.5, 7.10 Texts Cited: NSW Rural Fire Services, Planning for Bushfire Protection, November 2019 Wingecarribee Community Participation Plan Category: Principal judgment Parties: Scott Lee (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: M Wright SC (Applicant) L Sims (Respondent)