Turland v Wingercarribee Shire Council [2018] NSWLEC 1511

Land and Environment Court New South Wales

Medium Neutral Citation: Turland v Wingercarribee Shire Council [2018] NSWLEC 1511 Hearing dates: 19 – 21 September 2018 Date of orders: 02 October 2018 Decision date: 02 October 2018 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 16/1079 for the demolition of existing structures and construction of a three storey residential flat building over a basement is approved, subject to the conditions of consent at Annexure A. (3) The exhibits, other than exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: construction of a three storey residential flat building over a basement; exceedance of the height of buildings development standard in the Wingecarribee Local Environmental Plan 2010; high flood hazard affected land; no issues pressed by the respondent following the amendment of the application; whether conditions should be imposed on the development consent as deferred commencement conditions. Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 Water Management Act 2000 Wingecarribee Local Environmental Plan 2010 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446 Initial Action v Woollahra Municipal Council [2018] NSWLEC 118 Mison and Ors v Randwick Municipal Council (1991) 73 LGRA 349 Dennes v Port Macquarie-Hastings Council [2018] NSWLEC 95 Category: Principal judgment Parties: Garry Maurice Turland (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: C. Leggat SC (Respondent)