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

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

The appeal was upheld because the challenged consent conditions required amendment: cl 2.8 did not require a 12 month consent term, but a 36 month limiting period was appropriate given the high amenity threshold and wedding lead times; the 60 day annual limit had to remain; the applicant had not shown that the 190sqm barn guest area could comfortably accommodate 200 guests, so the 140 guest limit and related toilet conditions remained; the garden amplified music condition did not fairly and reasonably relate to the consented temporary use of the barn and was deleted; and five acoustic monitoring events were excessive, with one assessment for a wedding of not less than 80 guests sufficient.

Jurisdiction
Australia
Judgment Date
07 April 2016
Procedural Posture
Class 1 Appeal Pursuant to S 97 of the Environmental Planning and Assessment Act 1979 Against Conditions Imposed on Development Consent No. 14/1329 / Principal Judgment; Appeal Determined After Mandatory Conciliation Was Terminated
Outcome
Appeal upheld; Development Consent No. 14/1329 amended by conditions of consent.
Legal Topics
['development Consent Conditions' 'temporary Use of Land' 'function Centre' 'building Code of Australia Compliance' 'acoustic Impacts' 'neighbourhood Amenity']
['environmental Planning and Development' 'land and Environment'] ['development Consent Conditions' 'temporary Use of Land' 'function Centre' 'building Code of Australia Compliance' 'acoustic Impacts' 'neighbourhood Amenity']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 97 of the Environmental Planning and Assessment Act 1979 Against Conditions Imposed on Development Consent No. 14/1329 / Principal Judgment; Appeal Determined After Mandatory Conciliation Was Terminated

Legal Issues

  1. 1 ['Whether condition 4 should limit the temporary use of the barn for wedding receptions to 12 months and 60 days in a 12 month period.' 'Whether condition 5 should be amended to increase the maximum number of guest bookings per function from 140 to 200 people.' 'Whether conditions 7 and 11(c) concerning toilets should be amended.' 'Whether condition 25 prohibiting amplified music and sound systems in the garden area should be deleted.' 'Whether condition 27 requiring acoustic monitoring for the first five wedding events of not less than 80 guests should be deleted or amended.' 'Whether the amended consent would adversely impact adjoining land or the amenity of the neighbourhood under cl 2.8(3)(b) of the Wingecarribee Local Environment Plan 2010.']

Ratio Decidendi

The appeal was upheld because the challenged consent conditions required amendment: cl 2.8 did not require a 12 month consent term, but a 36 month limiting period was appropriate given the high amenity threshold and wedding lead times; the 60 day annual limit had to remain; the applicant had not shown that the 190sqm barn guest area could comfortably accommodate 200 guests, so the 140 guest limit and related toilet conditions remained; the garden amplified music condition did not fairly and reasonably relate to the consented temporary use of the barn and was deleted; and five acoustic monitoring events were excessive, with one assessment for a wedding of not less than 80 guests sufficient.

Court Disposition

Appeal upheld; Development Consent No. 14/1329 amended by conditions of consent.

Orders

  • ['The appeal is upheld.' '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".' 'The exhibits, other than exhibits 1, 6 and B, are returned.']