Boyce v Wingecarribee Shire Council [2019] NSWLEC 1592

Land and Environment Court New South Wales

Medium Neutral Citation: Boyce v Wingecarribee Shire Council [2019] NSWLEC 1592 Hearing dates: Conciliation conference on 8 November 2019 Date of orders: 03 December 2019 Decision date: 03 December 2019 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is granted leave to amend the development application and rely on the amended plans referred to in Condition 1 of Annexure "A". (2) The applicant is to pay, within 7 days of this agreement, the respondent's costs of $5,000.00 for assessing the amended proposal. (3) The appeal is upheld. (4) Development Application 17/0972.01 for a 2 lot subdivision at 10-12 Tyndall Street, Mittagong NSW is approved subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 Wingecarribee Local Environmental Plan 2010 Category: Principal judgment Parties: Shelley June Boyce (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: N Eastman (Applicant) A Kliese (Solicitor) (Respondent)

Solicitors: Boyce Law DR (Applicant) Shaw Reynolds Lawyers (Respondent) File Number(s): 2018/294328 Publication restriction: No