Bulevi Pty Ltd v Wingecarribee Shire Council [2010] NSWLEC 1286

Bulevi Pty Ltd v Wingecarribee Shire Council [2010] NSWLEC 1286

Because the contentions had been resolved, there were no objectors, the planning assessment satisfied the relevant provisions of the Wingecarribee Local Environmental Plan 1989 and s 79C of the Environmental Planning and Assessment Act 1979, and the proposed conditions met the requirements of the relevant concurrence authorities, it was appropriate to make the consent orders approving the development.

Jurisdiction
Australia
Judgment Date
22 October 2010
Procedural Posture
Class 1 Development Appeal Under S97 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Consent / Ex Tempore Judgment Making Consent Orders
Outcome
Appeal upheld and development application approved by consent subject to conditions in Annexure A; each party to pay its own costs.
Legal Topics
['multiple Occupancy Development' 'concurrence of Government Agencies' 'section 79 C Assessment' 'wingecarribee Local Environmental Plan 1989 Cl 16' 'bushfire Protection' 'threatened Species and Native Vegetation' 'water Catchment Impacts' 'development Contributions']
['planning and Environment Law' 'development Consent' 'local Government'] ['multiple Occupancy Development' 'concurrence of Government Agencies' 'section 79 C Assessment' 'wingecarribee Local Environmental Plan 1989 Cl 16' 'bushfire Protection' 'threatened Species and Native Vegetation' 'water Catchment Impacts' 'development Contributions']

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Procedural Posture

Class 1 Development Appeal Under S97 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Consent / Ex Tempore Judgment Making Consent Orders

Legal Issues

  1. 1 ["Whether consent should be granted for a three dwelling multiple occupancy on Lot 13 DP857632 Darlington Place Hill Top after the council's refusal." 'Whether the proposed consent orders complied with the relevant provisions of the Wingecarribee Local Environmental Plan 1989 and s 79C of the Environmental Planning and Assessment Act 1979.' 'Whether the conditions met the requirements of the Sydney Catchment Authority, Rural Fire Service and Hawkesbury Nepean Catchment Authority.']

Ratio Decidendi

Because the contentions had been resolved, there were no objectors, the planning assessment satisfied the relevant provisions of the Wingecarribee Local Environmental Plan 1989 and s 79C of the Environmental Planning and Assessment Act 1979, and the proposed conditions met the requirements of the relevant concurrence authorities, it was appropriate to make the consent orders approving the development.

Court Disposition

Appeal upheld and development application approved by consent subject to conditions in Annexure A; each party to pay its own costs.

Orders

  • ['Appeal No. 10556 of 2010 is upheld' 'Development application LUA09/0189 is approved in accordance with the conditions in Annexure A' 'Each party agrees to pay its own costs' 'The exhibits are retained']