Robertson v Wingecarribee Shire Council [2018] NSWLEC 1157

Robertson v Wingecarribee Shire Council [2018] NSWLEC 1157

The Court was satisfied that the heritage experts' agreed evidence and the proposed deferred commencement and operational conditions addressed the preconditions in cl 5.10(10)(a)-(e) of the Wingecarribee Local Environmental Plan 2010. The development consent would facilitate conservation of the heritage item by requiring necessary conservation works, and the uncontradicted acoustic evidence, together with conditions limiting operational noise, guest numbers, hours and management of functions, was sufficient to establish that the development would not have any significant adverse effect on surrounding amenity. The 1988 consent, construed by reference to the consent document, the Council...

Jurisdiction
Australia
Judgment Date
04 April 2018
Procedural Posture
Class 1 Appeal Under S 8.9 of the Environmental Planning & Assessment Act 1979 From Refusal of Development Application DA 17/0196 / Final Hearing and Determination
Outcome
Appeal upheld; development consent granted.
Legal Topics
['development Application for Wedding Reception Venue' 'conservation Incentive Clause' 'permissibility of Prohibited Development' 'interpretation of Development Consent' 'amenity and Acoustic Impacts' 'consolidated Development Consent']
['planning and Environment' 'heritage Conservation' 'development Consent'] ['development Application for Wedding Reception Venue' 'conservation Incentive Clause' 'permissibility of Prohibited Development' 'interpretation of Development Consent' 'amenity and Acoustic Impacts' 'consolidated Development Consent']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.9 of the Environmental Planning & Assessment Act 1979 From Refusal of Development Application DA 17/0196 / Final Hearing and Determination

Legal Issues

  1. 1 ['Whether the proposal satisfied the preconditions to the grant of consent under cl 5.10(10) of the Wingecarribee Local Environmental Plan 2010.' 'Whether all necessary conservation works had been sufficiently identified in heritage management documents and required by conditions of consent.' 'Whether the proposed development would have any significant adverse acoustic or amenity effect on the surrounding area under cl 5.10(10)(e) of the Wingecarribee Local Environmental Plan 2010.' 'Whether the 1988 and 2014 consents should be surrendered and replaced by a consolidated consent.' 'Whether the 1988 consent approved wedding receptions in a marquee in the garden, if required.' 'Whether the final conditions of consent were appropriate and whether approval was in the public interest.']

Ratio Decidendi

The Court was satisfied that the heritage experts' agreed evidence and the proposed deferred commencement and operational conditions addressed the preconditions in cl 5.10(10)(a)-(e) of the Wingecarribee Local Environmental Plan 2010. The development consent would facilitate conservation of the heritage item by requiring necessary conservation works, and the uncontradicted acoustic evidence, together with conditions limiting operational noise, guest numbers, hours and management of functions, was sufficient to establish that the development would not have any significant adverse effect on surrounding amenity. The 1988 consent, construed by reference to the consent document, the Council...

Court Disposition

Appeal upheld; development consent granted.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to development application (DA 17/0196) to permanently use the existing barn and new farm building for the purpose of wedding receptions and associated activities at Montrose Lot 2 DP 620221, 11 Ormond Street Sutton Forest in accordance with the conditions of...