Provence Asset Holdings Pty Ltd v Goulburn Mulwaree Council [2025] NSWLEC 1005

Land and Environment Court New South Wales

Medium Neutral Citation: Provence Asset Holdings Pty Ltd v Goulburn Mulwaree Council [2025] NSWLEC 1005 Hearing dates: Conciliation conference on 13 November 2024 Date of orders: 07 January 2025 Decision date: 07 January 2025 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) The applicant is to pay the respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed sum of $3,500 payable within 28 days of the date of these orders. (3) Development Application No. 0224/2324, as amended, for the demolition of all existing structures, consolidation of lots, and the construction of a single storey 120 place childcare centre, 41 car parking spaces and associated works, on land legally described as Lot 1 in Deposited Plan 995523 and Lot 12 in Deposited Plan 581011, known as 26 Long Street, Goulburn, is determined by the grant of development consent, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – childcare centre – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 Goulburn Mulwaree Local Environmental Plan 2009 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.61, 6.63, State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.119 Category: Principal judgment Parties: Provence Asset Holdings Pty Ltd (Applicant) Goulburn Mulwaree Council (Respondent) Representation: Counsel: J Reid (Applicant) J Walker (Solicitor) (Respondent)