Altomonte (Nominees) Pty Ltd v ib vogt GmbH on behalf of Sun Spot 4 Pty Ltd [2022] NSWLEC 1138

Altomonte (Nominees) Pty Ltd v ib vogt GmbH on behalf of Sun Spot 4 Pty Ltd [2022] NSWLEC 1138

The Court accepted the parties' joint jurisdictional submission and was satisfied that the agreed amended proposal and conditions addressed the relevant statutory prerequisites and planning controls, including visual mitigation and environmental considerations. Because the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that decision.

Jurisdiction
Australia
Judgment Date
18 March 2022
Procedural Posture
Class 1 Objector Appeal Under S 8.8(2) of the Environmental Planning and Assessment Act 1979 Against Determination of State Significant Development Consent / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld in part; consent granted to State Significant Development Application 8847 subject to conditions; appeal otherwise dismissed.
Legal Topics
['solar Farm' 'objector Appeal' 'conciliation Conference' 'visual Impact' 'jurisdictional Prerequisites' 'groundwater Vulnerability' 'biodiversity' 'riparian Land and Watercourses' 'hazards and Contamination' 'koala Habitat Protection']
['planning and Environment' 'development Consent' 'state Significant Development'] ['solar Farm' 'objector Appeal' 'conciliation Conference' 'visual Impact' 'jurisdictional Prerequisites' 'groundwater Vulnerability' 'biodiversity' 'riparian Land and Watercourses' 'hazards and Contamination' 'koala Habitat Protection']

Case Brief

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Procedural Posture

Class 1 Objector Appeal Under S 8.8(2) of the Environmental Planning and Assessment Act 1979 Against Determination of State Significant Development Consent / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether jurisdictional prerequisites were satisfied for the Court to grant consent to State Significant Development Application 8847 subject to conditions.' 'Whether the amended Dunedoo Solar Farm proposal adequately addressed visual impacts on residences R3 and R4.' 'Whether the proposal satisfied relevant planning controls concerning State significant development, zoning, groundwater vulnerability, biodiversity, watercourses, transport and infrastructure, hazards, contamination and koala habitat.']

Ratio Decidendi

The Court accepted the parties' joint jurisdictional submission and was satisfied that the agreed amended proposal and conditions addressed the relevant statutory prerequisites and planning controls, including visual mitigation and environmental considerations. Because the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that decision.

Court Disposition

Appeal upheld in part; consent granted to State Significant Development Application 8847 subject to conditions; appeal otherwise dismissed.

Orders

  • ['The appeal is upheld, in part.' 'State Significant Development Application 8847 for the Dunedoo Solar Farm as described in the documents comprising the "EIS" (as defined in Annexure "A") is determined by the grant of consent subject to the conditions set out in Annexure "A".' 'The appeal is otherwise dismissed.']