Australia, July 10 -- New South Wales Land and Environment Court issued text of the following judgement on June 11:

1. COMMISSIONER: This is an appeal brought pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of development application DA 2024/112/1. The application, as amended, seeks consent for alterations and additions to an existing residential dwelling at 41 Noonbinna Crescent Northbridge (Lot 1 in DP 1249767).

2. A conciliation conference was held between the parties pursuant to s 34AA of the Land and Environment Court Act 1979 (LEC Act) on 14 May 2025. I presided over the conciliation conference. At the conciliation conference, the parties reached an agreement based on amended plans and documents. The parties' agreement is for the grant of consent to the application, as amended, subject to conditions.

3. As the presiding Commissioner, I am satisfied that the decision is one that the Court can make in the proper exercise of its functions (this being the test applied by s 34(3) of the LEC Act). I form this state of satisfaction on the basis that:

1) Pursuant to s 23(1)(b) of the Environmental Planning and Assessment Regulation 2021 (EPA Regulation) the development application was made with the consent of the owners of the land.

2) The development application was notified to adjoining and nearby properties between 19 June and 3 July 2024. During the notification period no submissions were received.

3) Section 4.6 of State Environmental Planning Policy (Resilience and Hazards) 2021 (SEPP RH) requires a consent authority to consider the contamination of land when determining a development application. There is no evidence within Council's records that the land has been used for any purposes listed in table 1 of the Managing Land Contamination Planning guidelines in the State Environmental Planning Policy No 55-Remediation of Land. Further, the parties agree that the historic use of the site was as residential, and it is proposed to remain as residential. This detail in contained in the Statement of Environmental Effects (SEE) accompanying the development application. I can be satisfied that the land will be suitable for the purpose for which the development is proposed to be carried out under the application.

4) Pursuant to Ch 2 of SEPP RH the site is mapped as being within the 'Coastal Environment Area', the 'Coastal Use Area'. Development consent must not be granted to development on land within the Coastal Environment Area unless the consent authority has had regard to the matters listed at cl 2.10(1), and is satisfied that:

2.10 Development on land within the coastal environmental area

...

(a) the development is designed, sites and will be managed to avoid and adverse impact referred to in subsection (1), or

(b) if that impact cannot be reasonably avoided - the development is designed, sited and will be managed to minimise that impact, or

(c) if that impact cannot be minimised - the development will be managed to mitigate that impact.

5) On the basis of the amended plans and the detail in the SEE I accept the agreed submission of the parties that the development application will not impact on the matters listed at s 2.10(1), thus satisfying the requirement at s 2.10(2) of SEPP RH.

6) Further, as the site is also mapped with the Coastal Use Area s 2.11 of SEPP RH applies. Development consent must not be granted to development on land within the Coastal Use Area unless the consent authority has had regard to the matters listed at s 2.11(1)(a), and is (pursuant to cl 2.11(1)(b)) satisfied that:

2.11 Development on land within the coastal use area

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19743df2e414fb79a51b7eb8)

Disclaimer: Curated by HT Syndication.