Civil and Civic Group Pty Ltd v Wagga Wagga City Council [2024] NSWLEC 1846

Land and Environment Court New South Wales

Medium Neutral Citation: Civil and Civic Group Pty Ltd v Wagga Wagga City Council [2024] NSWLEC 1846 Hearing dates: 9 December 2024 Date of orders: 31 December 2024 Decision date: 31 December 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to DA23/0157 for the demolition of the existing dwelling house and farm storage buildings and subdivision of existing lots into 11 lots for the purpose of future enterprise at 3870 Sturt Highway, Gumly Gumly subject to conditions of consent annexed and marked 'Annexure A'. (3) The Applicant is to pay the Respondent's costs 'thrown away' as a result the amendment of the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. Catchwords: DEVELOPMENT APPEAL – subdivision – future enterprise – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 23, 38 State Environmental Planning policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Div 5, s 2.48; Div 17, s 2.119 Wagga Wagga Local Environmental Plan 2010, cll 2.6, 2.7, 4.1, 4.1A, 4.2, 4.6A, 5.10, 5.11, 5.21, 6.2, 7.3, 7.6, 7.10, Sch 5 Category: Principal judgment Parties: Civil and Civic Group Pty Ltd (Applicant) Wagga Wagga City Council (Respondent) Representation: Counsel: N Eastman (Applicant) S Simington (Solicitor) (Respondent)