Southern Highlands Developments Pty Ltd v Wingecarribee Shire Council [2024] NSWLEC 1095

Land and Environment Court New South Wales

Medium Neutral Citation: Southern Highlands Developments Pty Ltd v Wingecarribee Shire Council [2024] NSWLEC 1095 Hearing dates: Conciliation conference on 20 and 21 February 2024 Date of orders: 7 March 2024 Decision date: 07 March 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The applicant is directed to file the amended development application the subject of Order (3) within 7 days of the date of this Order. (2) The appeal is upheld. (3) Development application number DA2023/1247, as amended, for construction of a new four (4) bedroom attached dual occupancy with attached double garage, alterations and additions to the existing dwelling (cottage) and new detached double garage and strata subdivision into two strata lots at Lot 1 in Deposited Plan 741837, commonly known as 4 Myrtle Street, Bowral 2576, is determined by the grant of development consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions – dual occupancy – heritage – conciliation conference – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8, 6.9, 6.10, 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 (Sustainable Buildings) 2022, s 4.2 Wingecarribee Local Environmental Plan 2010 cll 4.1, 4.2E, 4.2F, 5.10, 7.1, 7.3 and Sch 5 Category: Principal judgment Parties: Southern Highlands Developments Pty Ltd (Applicant) Wingecarribbee Shire Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) D Loether (Solicitor) (Respondent)