Muscat Developments Pty Ltd trading as Muscat Developments v Wollondilly Shire Council (No 2) [2022] NSWLEC 1012

Muscat Developments Pty Ltd trading as Muscat Developments v Wollondilly Shire Council (No 2) [2022] NSWLEC 1012

The parties filed agreed conditions which the Court accepted as properly reflecting the reasons for judgment delivered on 10 December 2021, so the Court upheld the appeal and granted development consent subject to those conditions.

Jurisdiction
Australia
Judgment Date
10 January 2022
Procedural Posture
Class 1 Development Application Appeal / On the Papers; Orders Following Agreed Conditions Filed After Judgment
Outcome
Appeal upheld; development consent granted subject to the conditions in Annexure A; exhibits other than exhibits A, D, E and 1 returned.
Legal Topics
['development Application' 'change of Use From Poultry Farm to Two Depots' 'contamination and Remediation' 'use and Removal of Contaminated Fill' 'protection of the Environment Operations Act Licensing Provisions' 'existing and Desired Character' 'agricultural Land' 'visual Impact' 'scenic and Cultural Landscapes' 'development Consent Conditions']
['planning and Environment Law'] ['development Application' 'change of Use From Poultry Farm to Two Depots' 'contamination and Remediation' 'use and Removal of Contaminated Fill' 'protection of the Environment Operations Act Licensing Provisions' 'existing and Desired Character' 'agricultural Land' 'visual Impact' 'scenic and Cultural Landscapes' 'development Consent Conditions']

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Procedural Posture

Class 1 Development Application Appeal / On the Papers; Orders Following Agreed Conditions Filed After Judgment

Legal Issues

  1. 1 ['Whether the appeal should be upheld and development consent granted for development application 2019.688.1 subject to conditions.' 'Whether the agreed conditions filed by the parties properly reflected the reasons for judgment delivered on 10 December 2021.']

Ratio Decidendi

The parties filed agreed conditions which the Court accepted as properly reflecting the reasons for judgment delivered on 10 December 2021, so the Court upheld the appeal and granted development consent subject to those conditions.

Court Disposition

Appeal upheld; development consent granted subject to the conditions in Annexure A; exhibits other than exhibits A, D, E and 1 returned.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to development application 2019.688.1 for the change of use from poultry farm to two depots including construction of two sheds, an office building, associated hard stand areas and driveway with ancillary stormwater, landscaping, wastewater management and...