Baron Corporation Pty Ltd v Wingecarribee Shire Council [2018] NSWLEC 1243

Land and Environment Court New South Wales

Medium Neutral Citation: Baron Corporation Pty Ltd v Wingecarribee Shire Council [2018] NSWLEC 1243 Hearing dates: 4 and 26 April 2018 Date of orders: 24 May 2018 Decision date: 24 May 2018 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) Leave is granted to rely on amended plans for construction certificate of 3 April 2018. (2) Leave is granted to rely on amended Statement of Facts and Contentions of 26 April 2018. (3) The appeal is dismissed. (4) Construction Certificate relating to civil works for development consent 15/0813 associated with Lot 1 DP 1222269, Farnborough Drive, Moss Vale is refused. (5) The Exhibits, except Exhibits 1, C and N, are returned. Catchwords: CONSTRUCTION CERTIFICATE APPLICATION: subdivision; stormwater discharge; council reserve; consistency with development consent; flooding; roads works permit. Legislation Cited: Environmental Planning and Assessment Act 1979 No. 203 Environmental Planning and Assessment Regulation 2000 Local Government Act 1993 Roads Act 1993 Wingecarribee Local Environment Plan 2010 Cases Cited: Burwood Council v Ralan Burwood Pty Ltd (No 3) (2014) NSWCA 404 Moy v Warringah Council [2004] NSWCCA 77 Texts Cited: Wingecarribee Shire Council Engineering Specifications and Guidelines Part 1 – Design 2010 Wingecarribee Shire Council Engineering Specifications and Guidelines Part 2 – Construction 2010 Wingecarribee Shire Council Parks Strategy 2016 Category: Principal judgment Parties: Baron Corporation (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: P Tomasetti, Barrister (Applicant) C Leggat, Barrister (Respondent)