Vitalize Landscapes Pty Ltd v Oberon Council [2017] NSWLEC 1129

Land and Environment Court New South Wales

Medium Neutral Citation: Vitalize Landscapes Pty Ltd v Oberon Council [2017] NSWLEC 1129 Hearing dates: 7,8 March 2017 Date of orders: 15 March 2017 Decision date: 15 March 2017 Jurisdiction: Class 1 Before: Dickson, C Decision: The orders of the Court are: 1) The appeal is upheld; 2) Consent is granted to Development Application No. 10.2016.16.1 for the construction of a multi – dwelling residential development comprising eight units and strata subdivision at Lot 2 Section 25, DP 758805, known as 96-98 Queen Street Oberon, subject to conditions in Annexure A; 3) The exhibits are returned with the exception of Exhibit 2, A, the Class 1 application dated 12 July 2016 and the Statement of Facts and Contentions dated 25 January 2017. Catchwords: DEVELOPMENT APPEAL: multi dwelling residential development and subdivision – consideration of contamination – appropriateness of site design – LEP designated buffer area to Oberon timber complex – solar access to proposed residences. Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Interpretation Act 1987 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy 55 - Remediation of Land Cases Cited: Zhang v Canterbury City Council [2001] NSW CA 167 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC472 Hurley v Sutherland Shire Council [2016] NSWLEC 1630 Cameron v Nambucca Shire Council 95 LGERA 268 Brett Stephen Lord and Marcus William Ayres v The Minister for Planning [2014] NSWLEC 1268 Texts Cited: Nil Category: Principal judgment Parties: Vitalize Landscapes Pty Ltd (Applicant) Oberon Council (Respondent) Representation: Counsel J Smith (Applicant) M Seymour (Respondent)