Solomon v Wingecarribee Shire Council [2024] NSWLEC 1594

Solomon v Wingecarribee Shire Council [2024] NSWLEC 1594

The Court was satisfied, on the agreed expert evidence and facts, that the site's use is an existing use within s 4.65 of the EPA Act, that multi-dwelling housing on the site was lawfully commenced and not abandoned, and that the planning, heritage, and environmental requirements for the grant of consent were satisfied. The appeal was upheld and consent granted, subject to conditions.

Parties
Applicant: David Solomon; Respondent: Wingecarribee Shire Council
Jurisdiction
Australia
Judgment Date
25 September 2024
Procedural Posture
Land and Environment Court Class 1 Appeal / Judgment After Hearing and Application Amendment
Outcome
Appeal upheld. Development consent granted subject to conditions. Applicant to pay respondent’s reasonable costs thrown away as a result of amendment.
Legal Topics
Existing Use Rights, Development Consent, Multi Dwelling Housing, Heritage Conservation
Planning and Environment Existing Use Rights Development Consent Multi Dwelling Housing Heritage Conservation

Case Brief

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Parties

David Solomon

Applicant

Wingecarribee Shire Council

Respondent

Procedural Posture

Land and Environment Court Class 1 Appeal / Judgment After Hearing and Application Amendment

Legal Issues

  1. 1 Whether the existing use of the site is an 'existing use' within the meaning of s 4.65 of the Environmental Planning and Assessment Act 1979
  2. 2 Whether development consent should be granted for the proposed works under the current planning framework, including heritage and water catchment provisions

Ratio Decidendi

The Court was satisfied, on the agreed expert evidence and facts, that the site's use is an existing use within s 4.65 of the EPA Act, that multi-dwelling housing on the site was lawfully commenced and not abandoned, and that the planning, heritage, and environmental requirements for the grant of consent were satisfied. The appeal was upheld and consent granted, subject to conditions.

Court Disposition

Appeal upheld. Development consent granted subject to conditions. Applicant to pay respondent’s reasonable costs thrown away as a result of amendment.

Orders

  • The Applicant is to pay the Respondent's reasonable costs thrown away as agreed or assessed in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 as a result of the amendment of the application.
  • The appeal is upheld.