NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR INGHAM PROPERTY DEVELOPMENT V/S WOLLONDILLY SHIRE COUNCIL CASE

Australia, June 5 -- New South Wales Land and Environment Court issued text of the following judgement on May 6:

1. COMMISSIONER: These Class 1 proceedings arise as a result of the deemed refusal, by Wollondilly Shire Council, of Development Application DA 2024/360/1, which sought consent for the subdivision of eight lots into 56 residential and rural residential lots, including earthworks, clearing and construction of associated roads and drainage infrastructure at 140 Myrtle Creek Road, Tahmoor.

2. These proceedings have been brought to the Court pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act).

3. he Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 21 January, and further adjourned to 18 February and 18 March 2025. I presided over the conciliation conference.

4. After the conciliation conference, the parties reached agreement as to acceptable terms of a decision in the proceedings. This decision involved the Court upholding the appeal and granting development consent to the development application subject to conditions.

5. As part of this agreement, pursuant to s 38 of the Environmental Planning and Assessment Regulation 2021 (EPA Regulation), the Council agreed to the applicant amending the development application to adequately respond to the Council's contentions. The application that is now before the Court seeks consent for the subdivision of eight lots into 51 residential lots, earthworks, clearing, and construction of associated roads and drainage infrastructure. The application was also amended so that it is no longer to be assessed as integrated development.

6. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if that decision is one that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application. There are jurisdictional prerequisites that must be satisfied before this function can be exercised, which the parties identified and explained, and from this I note the following points.

Jurisdictional matters

7. The development application was made with the written consent of the owner of the land.

8. The application was adequately notified in accordance with the Wollondilly Shire Council Community Participation Plan from 22 May to 24 June 2024. No submissions were received during this time, however one submission was received from the operator of the neighbouring property after the notification period. On the basis of the amended application and the parties' submission, I accept that the relevant issues raised by this objector have been adequately addressed. Further, the parties agree that the amended application does not necessitate renotification due to the amendment reducing the potential environmental impacts.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1968e66e0bbf6165b12b29cd)

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