Taylor v Wingecarribee Shire Council [2024] NSWLEC 1539

Land and Environment Court New South Wales

Medium Neutral Citation: Taylor v Wingecarribee Shire Council [2024] NSWLEC 1539 Hearing dates: Conciliation conference on 8 August 2024 Date of orders: 03 September 2024 Decision date: 03 September 2024 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. 23/0764 for construction of a new dwelling house at Lot 1 in Deposited Plan 324471 known as Wingecarribee Street, Berrima NSW 2577 is determined by the grant of development consent subject to conditions of consent in Annexure B to this judgment. Catchwords: DEVELOPMENT APPLICATION – dwelling house – amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 8.7 Land and Environment Court Act 1979, s 34, 34AA Rural Fires Act 1997 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, s 6.61 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4 Wingecarribee Local Environmental Plan 2010, cll 5.10, 5.21, 6.2, 7.5 Texts Cited: NSW Rural Fire Service, Planning for Bushfire Protection, November 2019 Water NSW, Neutral of Beneficial Effect on Water Quality Assessment Guideline, October 2022 Category: Principal judgment Parties: William Arnold Taylor (First Applicant) Diana Joan Taylor (Second Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: P Vergotis (Solicitor)(Applicant) R McCulloch (Solicitor)(Respondent)