Willow Properties Pty Ltd v Wingecarribee Shire Council [2024] NSWLEC 1319

Land and Environment Court New South Wales

Medium Neutral Citation: Willow Properties Pty Ltd v Wingecarribee Shire Council [2024] NSWLEC 1319 Hearing dates: Conciliation Conference on 31 May 2024 Date of orders: 18 June 2024 Decision date: 18 June 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) The Development Application No DA23/0852 is determined by grant of consent for detached dual occupancy and Torrens title subdivision including tree removal at 105 Ascot Road, Bowral (legally known as Lot 1 and Lot 2 in DP 1286007) subject to the conditions contained at Annexure A. Catchwords: DEVELOPMENT APPEAL – residential development – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Rural Fires Act 1997, s 100B Biodiversity Conservation Regulation 2017, ss 7.2, 7.3 Environmental Planning and Assessment Regulation 2021, s 38 Rural Fires Regulation 2022, s 45 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 Wingecarribee Local Environmental Plan 2010, cll 2.6, 4.1, 4.2E Texts Cited: NSW Rural Fire Service, Planning for Bushfire Protection, November 2019 Category: Principal judgment Parties: Willow Properties Pty Ltd (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: J Cole (Solicitor)(Applicant) R McCulloch (Respondent)