Ramsay & Anor v Wingecarribee Shire Council [2011] NSWLEC 1349

Land and Environment Court New South Wales

Medium Neutral Citation: Ramsay & Anor v Wingecarribee Shire Council [2011] NSWLEC 1349 Hearing dates: 27 October 2011 Decision date: 28 October 2011 Jurisdiction: Class 1 Before: Dixon C Decision: (1)The appeal is upheld. (2)Development consent is granted to Development Application LUA 11/0142 for the subdivision of Lot 1 DP 785111, 416 Berrima Road, Moss Vale into two allotments and the construction of a 22m wide carriage way and the installation of pollution trap and a bio-retention system to treat post development water run off subject to the conditions in Annexure "A". (3)The exhibits are returned. Catchwords: Development application - challenge to conditions of a development consent for subdivision of land - whether the conditions imposed relate to a matter referred to in s79C (1) of the EPA Act and whether such matter is relevant to the particular development for which development consent has been given, s 80A (1)(a) of the EPA Act Legislation Cited: Conveyancing Act 1919 Environmental Planning and Assessment Act 1979 Wingecarribee Local Environmental Plan 2010 Moss Vale Enterprise Corridor Development Control Plan Cases Cited: Cavasinni v Fairfield City Council [2010] NSWLEC 65 Dogild Pty Ltd v Warringah Council [2008] NSWLEC 53; 158 LGERA 429 Mirvac Projects v Sydney City Council [2003] 131 LGERA 363 Newbury District Council v Secretary of State for the Environment [1981] AC 578, Planning Commission (WA) v Temwood Holdings Pty Ltd [2004] HCA 63; (2004) 221 CLR 30 MacDonald v Mosman Municipal Council [1999] NSWLEC 215 Carr v Goulburn City Council (Cripps J 21 June 1983, unreported) Category: Principal judgment Parties: Mr P Ramsay (First Applicant) Mr M Siddle (Second Applicant)