Mecone Group Pty Ltd v Wingecarribee Shire Council [2023] NSWLEC 1608

Mecone Group Pty Ltd v Wingecarribee Shire Council [2023] NSWLEC 1608

The appeal is upheld and development consent granted because jurisdictional prerequisites for granting consent are satisfied, the agreement between the parties is one the Court could properly make, and all relevant planning controls, including justification for exceeding the height standard, have been adequately addressed by evidence and incorporated into consent conditions.

Jurisdiction
Australia
Judgment Date
17 October 2023
Procedural Posture
Class 1 Development Appeal / Post Conciliation Conference, Final Orders Given
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'self Storage Facility' 'conciliation Conference' 'consent Conditions' 'zoning' 'height of Buildings' 'biodiversity' 'contamination' 'transport Infrastructure' 'signage' 'earthworks']
['planning and Environment'] ['development Application' 'self Storage Facility' 'conciliation Conference' 'consent Conditions' 'zoning' 'height of Buildings' 'biodiversity' 'contamination' 'transport Infrastructure' 'signage' 'earthworks']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Post Conciliation Conference, Final Orders Given

Legal Issues

  1. 1 ['Whether development consent should be granted for the proposed self-storage facility including earthworks, demolition, tree removal, signs and landscaping' 'Whether the Clause 4.6 variation to the height standard is justified' 'Whether jurisdictional prerequisites and applicable planning instruments and policies are satisfied']

Ratio Decidendi

The appeal is upheld and development consent granted because jurisdictional prerequisites for granting consent are satisfied, the agreement between the parties is one the Court could properly make, and all relevant planning controls, including justification for exceeding the height standard, have been adequately addressed by evidence and incorporated into consent conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application No. DA22/1193 for earthworks, demolition, tree removal, construction of a self-storage facility, new business identification signs and landscaping at 100 Bowral Road, Mittagong NSW 2575 (Lot 12 DP 817002, Lot 18 DP 1108714 and Lot 33 DP 1138429), is determined by way...