Malcolm Holdings Pty Ltd v Wingecarribee Shire Council [2018] NSWLEC 1636

The appeal is upheld and the modification application LUA08/1042.03 is approved with conditions as the proposed amendments are limited, substantially the same as the previous approval, and do not result in inconsistency with the Wingecarribee Local Environmental Plan 2010 nor adverse impacts, satisfying relevant legal requirements.

Parties: Applicant: Malcolm Holdings Pty Ltd; Respondent: Wingecarribee Shire Council
Jurisdiction: Australia
Judgment Date: 07 December 2018
Procedural Posture: Class 1 Appeal / Appeal After Conciliation Conference
Outcome: Appeal upheld and modification application approved with conditions
Legal Topics: Modification Application, Development Consent, Subdivision, Local Government Powers

Planning Law Environmental Law Modification Application Development Consent Subdivision Local Government Powers

Case Brief

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Parties

Malcolm Holdings Pty Ltd

Applicant

Wingecarribee Shire Council

Respondent

Procedural Posture

Class 1 Appeal / Appeal After Conciliation Conference

Legal Issues

1 Whether the modification application LUA08/1042.03 should be approved
2 Whether the proposed changes are consistent with Wingecarribee Local Environmental Plan 2010
3 Whether the Court should dispose of the proceedings in terms agreed by the parties under s 34(3) Land and Environment Court Act 1979

Ratio Decidendi

Court Disposition

Appeal upheld and modification application approved with conditions

Orders

The applicant is granted leave to amend the modification application by substituting new plans and documentation as identified and annexed to the orders.
The applicant is to pay the respondent's costs thrown away in the amount of $3,000, inclusive of GST.