TGO Pty Ltd as Trustee for the Onisforou Investment Trust v Wingecarribee Shire Council [2024] NSWLEC 1623

Land and Environment Court New South Wales

Medium Neutral Citation: TGO Pty Ltd as Trustee for the Onisforou Investment Trust v Wingecarribee Shire Council [2024] NSWLEC 1623 Hearing dates: Conciliation conference on 4 October 2024 Date of orders: 04 October 2024 Decision date: 04 October 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is to pay the respondent's costs thrown away as a result of the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (2) The appeal is upheld. (3) Development Application No. DA2023/1113, as amended, for the demolition of existing structures and construction of a 94-place centre-based childcare facility with associated parking and landscaping works at 4-6 Valetta Street, Moss Vale is determined by the grant of consent subject to the conditions of consent in Annexure 'A'. Catchwords: APPEAL – development application – construction of a 94-place centre-based childcare facility with associated carparking, landscaping and ancillary works – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.15(3) Land and Environment Court Act 1979, s 34 Education and Care Services National Regulations, regs 107, 108 Environmental Planning and Assessment Regulation 2021, ss 23, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.5 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4 s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 3.22, 3.23, 3.24, 3.25, 3.26 Wingecarribee Local Environmental Plan 2010, cll 2.3, 2.7, 4.3, 4.4, 5.10, 7.3; Sch 5 Texts Cited: NSW Child Care Planning Guideline 2021 Category: Principal judgment Parties: TGO Pty Ltd as Trustee for the Onisforou Investment Trust (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: D Le Breton (Solicitor) (Applicant) A Guy (Solicitor) (Respondent)