Lendlease Communities (Wilton) Pty Ltd v Wollondilly Shire Council [2020] NSWLEC 1608

Lendlease Communities (Wilton) Pty Ltd v Wollondilly Shire Council [2020] NSWLEC 1608

The development applications as amended satisfy all statutory prerequisites, are not inconsistent with any relevant concept consent, and appropriate arrangements have been made relating to infrastructure, environmental protection, and planning objectives. There is no legal impediment to granting conditional...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
04 December 2020
Procedural Posture
Development Application Appeal (class 1) / Conciliation Conference, Orders Disposing of Proceedings
Outcome
Appeals upheld; development consents granted
Legal Topics
['development Consent' 'concept Development Applications' 'subdivision of Land' 'statutory Construction' 'environmental Assessment']
['planning and Environment Law'] ['development Consent' 'concept Development Applications' 'subdivision of Land' 'statutory Construction' 'environmental Assessment']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Development Application Appeal (class 1) / Conciliation Conference, Orders Disposing of Proceedings

Legal Issues

  1. 1 ['Whether amended development applications for subdivision are consistent with relevant concept development approvals under s 4.24 Environmental Planning and Assessment Act 1979' 'Whether jurisdictional preconditions for grant of development consent are met' 'Whether noise barrier and fire trail conditions from previous approvals affect current applications']

Ratio Decidendi

The development applications as amended satisfy all statutory prerequisites, are not inconsistent with any relevant concept consent, and appropriate arrangements have been made relating to infrastructure, environmental protection, and planning objectives. There is no legal impediment to granting conditional development consent as agreed between the parties.

Court Disposition

Appeals upheld; development consents granted

Orders

  • ['Leave granted to applicant to rely on amended plans and documents as set out at Annexure A (both proceedings)' "Applicant to pay respondent's costs thrown away as a result of amendment, pursuant to s 8.15(3) EPA Act 1979, as agreed or assessed (both proceedings)" 'Appeals upheld in both proceedings' 'Development...