Willow Properties Pty Ltd v Wingecarribee Shire Council [2024] NSWLEC 1319

Willow Properties Pty Ltd v Wingecarribee Shire Council [2024] NSWLEC 1319

Because the parties reached agreement after the s 34AA conciliation conference and the Commissioner was satisfied that the agreed grant of consent was a decision the Court could have made in the proper exercise of its functions, including because the identified jurisdictional prerequisites were satisfied, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
18 June 2024
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 AA Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; Development Application No DA23/0852 determined by grant of consent subject to the conditions contained at Annexure A.
Legal Topics
['detached Dual Occupancy' 'torrens Title Subdivision' 'tree Removal' 'bush Fire Prone Land' 'biodiversity Offsets Scheme Threshold' 'contaminated Land and Remediation' 'conciliation Conference Orders']
['planning and Environment' 'development Consent' 'land Subdivision'] ['detached Dual Occupancy' 'torrens Title Subdivision' 'tree Removal' 'bush Fire Prone Land' 'biodiversity Offsets Scheme Threshold' 'contaminated Land and Remediation' 'conciliation Conference Orders']

Case Brief

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 AA Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether jurisdictional prerequisites for granting consent to Development Application No DA23/0852 were satisfied.' 'Whether the development conformed to bush fire protection requirements and incorporated the NSW Rural Fire Service General Terms of Approval.' 'Whether the development exceeded the biodiversity offsets scheme threshold.' 'Whether fill material or contamination concerns required further consideration under Ch 4 of State Environmental Planning Policy (Resilience and Hazards) 2021.' 'Whether the proposed subdivision and detached dual occupancy were permissible and compliant with relevant Wingecarribee Local Environmental Plan 2010 provisions.']

Ratio Decidendi

Because the parties reached agreement after the s 34AA conciliation conference and the Commissioner was satisfied that the agreed grant of consent was a decision the Court could have made in the proper exercise of its functions, including because the identified jurisdictional prerequisites were satisfied, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; Development Application No DA23/0852 determined by grant of consent subject to the conditions contained at Annexure A.

Orders

  • ['The appeal is upheld.' 'The Development Application No DA23/0852 is determined by grant of consent for detached dual occupancy and Torrens title subdivision including tree removal at 105 Ascot Road, Bowral (legally known as Lot 1 and Lot 2 in DP 1286007) subject to the conditions contained at Annexure A.']