Nakar Property Pty Ltd v Wingecarribee Shire Council [2024] NSWLEC 1206

Land and Environment Court New South Wales

Medium Neutral Citation: Nakar Property Pty Ltd v Wingecarribee Shire Council [2024] NSWLEC 1206 Hearing dates: Conciliation conferences on 30 January 2024, 7 March 2024 and 21 March 2024 Date of orders: 19 April 2024 Decision date: 19 April 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The Applicant shall pay the Respondent's costs pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $7,000 within 14 days of the date of this order. (2) The applicant is directed to file the amended development application the subject of Order (4) within 7 days of the date of this Order. (3) The appeal is upheld. (4) Development Application No 24/0055 for the construction of a natural gas-powered electricity generating plant to provide onsite power to the Southern Highlands Data Centre on land at 30 Douglas Road, Moss Vale NSW 2577 (Lot 40 Deposited Plan 1288692), as amended, is determined by the grant of consent, subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – gas powered - electricity generating power plant – data centre - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.13 Land and Environment Court Act 1979, s 34 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 (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.36 Wingecarribee Local Environmental Plan 2010 cl 7.3 Category: Principal judgment Parties: Nakar Property Pty Ltd (Applicant) Wingecarribbee Shire Council (Respondent) Representation: Counsel: A Kliese (Solicitor) (Applicant) R McCulloch (Solicitor) (Respondent)