Moss Vale Highlands Pty Ltd as trustee for the Moss Vale Highlands Unit Trust v Wingecarribee Shire Council [2024] NSWLEC 1084

Land and Environment Court New South Wales

Medium Neutral Citation: Moss Vale Highlands Pty Ltd as trustee for the Moss Vale Highlands Unit Trust v Wingecarribee Shire Council [2024] NSWLEC 1084 Hearing dates: Conciliation conference on 6 February 2024 Date of orders: 29 February 2024 Decision date: 29 February 2024 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application number DA23/0517, as amended, for demolition of existing structures, removal of trees and vegetation, site remediation, construction of a multi-dwelling housing development comprising of 50 new dwellings and associated landscape and civil works on land identified as Lot 1 in Deposited Plan 943268 & Lot 102 in DP 246679 commonly known as Nos 603 Argyle Street and 14 Mann Crescent, Moss Vale, is determined by the grant of development consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 4, ss 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.61, 6.63, 6.64 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 Wingecarribee Local Environmental Plan 2010, cll 2.7, 5.10, 7.3. Category: Principal judgment Parties: Moss Vale Highlands Pty Ltd as trustee for the Moss Vale Highlands Unit Trust (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) J Farrell (Respondent)