Allman Associates Pty Ltd v Wingecarribee Shire Council [2016] NSWLEC 1126

Land and Environment Court New South Wales

Medium Neutral Citation: Allman Associates Pty Ltd v Wingecarribee Shire Council [2016] NSWLEC 1126 Hearing dates: 9 March, 2016 Date of orders: 07 April 2016 Decision date: 07 April 2016 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Consent No. 14/1329 for the use of an existing barn for wedding receptions is amended by the Conditions of Consent set out in Annexure "A". 3. The exhibits, other than exhibits 1, 6 and B, are returned. Catchwords: DEVELOPMENT CONSENT: appeal against conditions imposed on the development consent for the temporary use of a barn as a function centre for wedding receptions; maximum number of patrons; compliance with Building Code of Australia; amenity impacts on neighbouring properties. Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Land and Environment Court Act 1979 (NSW) Cases Cited: Marshall Rural Pty Limited v Hawkesbury City Council and Ors [2015] NSWLEC 197 Lowe v Sutherland Shire Council [2005] NSWLEC 364 Category: Principal judgment Parties: Allman Associates Pty Ltd (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: Mr J. Robson SC (Applicant) Mr C. Shaw solicitor (Respondent) Solicitors: Tress Cox Lawyers (Applicant) Swaab Attorneys (Respondent) File Number(s): 10635 of 2015

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against some of the conditions imposed on Development Consent No. 14/1329 for the use of an existing barn for wedding receptions, this purpose being characterised as a function centre as defined under the Wingecarribee Local Environment Plan 2010 (LEP 2010), at 11 Ormond Street, Sutton Forest (the site), by Wingecarribee Shire Council (the Council). 2. Prior to consent being granted by the Council, the appeal was subject to mandatory conciliation on 5 November 2015, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached during the conciliation phase, the conciliation conference was terminated on 26 November 2015, pursuant to s 34(4) of the LEC Act. 3. The development application was amended prior to consent being granted to change the proposed development to a temporary use (exhibit 6, attachment 7), pursuant to cl 2.8 of LEP 2010.