Provence Asset Holdings Pty Ltd v Goulburn Mulwaree Council [2025] NSWLEC 1005

Provence Asset Holdings Pty Ltd v Goulburn Mulwaree Council [2025] NSWLEC 1005

The parties reached a lawful and appropriate agreement at conciliation; statutory preconditions for granting consent to the development application, including environmental, infrastructure, and contamination considerations, were satisfied; development consent was granted subject to agreed conditions.

Parties
Applicant: Provence Asset Holdings Pty Ltd; Respondent: Goulburn Mulwaree Council
Jurisdiction
Australia
Judgment Date
07 January 2025
Procedural Posture
Class 1 Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Application, Childcare Centre, Conciliation Conference, Development Consent
Planning and Environment Development Application Childcare Centre Conciliation Conference Development Consent

Case Brief

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Parties

Provence Asset Holdings Pty Ltd

Applicant

Goulburn Mulwaree Council

Respondent

Procedural Posture

Class 1 Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 Whether development consent should be granted to an amended development application for a 120 place childcare centre at 26 Long Street, Goulburn

Ratio Decidendi

The parties reached a lawful and appropriate agreement at conciliation; statutory preconditions for granting consent to the development application, including environmental, infrastructure, and contamination considerations, were satisfied; development consent was granted subject to agreed conditions.

Court Disposition

Appeal upheld; development consent granted

Orders

  • The appeal is upheld.
  • The applicant is to pay the respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed sum of $3,500 payable within 28 days of the date of these orders.