Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27:
1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of DA-2555/2022/DA-DO (DA). The DA seeks consent for tree removal and construction of a single storey dual occupancy (attached) with associated outbuildings, in ground swimming pool and landscaping at 7 Minerva Road, Wedderburn NSW, legally known as Lot 801 in DP 1170166 (site).
2. The Court notes that the Respondent, as the relevant consent authority, has approved under s 38 of the Environmental Planning and Assessment Regulation 2021 (EPA Reg 2021) to the Applicant amending DA-2555/2022/DA-DO in accordance with the documents listed below (amended DA):
1) Architectural Plans set prepared by Elite Building Design - Rev. H dated 6 May 2025, scaled as shown, comprising:
Table omitted, can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196f660aec4890339e577b17)
Supplementary Statement of Environmental Effects prepared by The Planning Hub dated 2 May 2025.
2) Amended landscape plans prepared by Apex Studios - Landscape Architecture &
3) Urban Design, Revision E dated 28 March 2025 (LA03), 31 March 2025 (LA04), comprising:
Table omitted, can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196f660aec4890339e577b17)
4) Amended Stormwater Concept Plan and Driveway sections prepared by ABCON Job Number 25031, Issue H dated 6 May 2025 comprising:
Table omitted, can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196f660aec4890339e577b17)
5) Civil Earthworks documentation prepared by ABCON Project Number 24131, Revision F dated 28 April 2025 comprising:
Table omitted, can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196f660aec4890339e577b17)
6) Updated Bushfire Management Report prepared by Mr Matthew Noone (Bushfire Planning & Design) Report BR 473322 - G dated 6 May 2025.
7) Updated BASIX Certificate number 1296787M_04 dated 26 April 2025.
8) Updated NatHERS Certificate No. 6ZNGBN48CE prepared by Danesh Hedayati (generated on 26 April 2025).
9) Arboricultural Impact Assessment prepared by Enviro Ecology, Revision C dated 5 May 2025.
10) Amended Biodiversity Development Assessment Report (BDAR) prepared by Mr John Whyte (Enviro Ecology) 'Document No. 42026021_BDAR_V7.0', Version 7.0 dated 5 May 2025.
11) Updated Soil and Site Assessment for Onsite Wastewater Disposal prepared by Harris Environmental, Ref: 5369WW, Version [1.2] dated 5 May 2025.
12) Amended Koala Feed Tree (KFT) Replenishment Plan, Map Version 1_6, dated 6 May 2025.
13) Updated survey prepared by ServTech Reference 01640 dated 19 December 2024, amended on 5 May 2025 to plot 'Trees from Arborist Report Added to Survey Plan'.
14) VMP figure 13 map version 2_9 dated 6 May 2025.
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196f660aec4890339e577b17)
Disclaimer: Curated by HT Syndication.
