Australia, Aug. 23 -- New South Wales Land and Environment Court issued text of the following judgement on July 23:

1.COMMISSIONER: These Class 1 proceedings arise as a result of the actual refusal, by Wingecarribee Shire Council, of Development Application 24/0349 which seeks consent for alterations and additions to an existing dwelling house, and installation of a swimming pool and outbuilding at 60 Warreeah Lane, Kangaloon.

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. The Court arranged a conciliation conference and hearing under s 34AA of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 30 June and 1 July 2025.

4. At the conciliation conference, the parties reached agreement as to acceptable terms of a decision in the proceedings, which involved the Court upholding the appeal and granting development consent to the development application subject to conditions. Subsequently, the matter concluded in conciliation and did not proceed to a hearing.

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. These amendments included a reconfiguration of the additions to the dwelling house, and an adjustment to the location and size of the swimming pool, deck and cabana.

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 in a jurisdictional note, 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 from 27 December 2023 to January 25 2024. One submission was received, and although that resident was unavailable for the proceedings, I was taken to a location on the neighbouring property from which he directed his concerns. Based on amended application the parties submit, and I accept, that the development as amended adequately responds to the concerns raised in this submission.

9. The site is located within the Sydney Drinking Water Catchment and therefore Pt 6.5 of Ch 6 of the State Environmental Planning Policy (Biodiversity and Conservation) 2021 (SEPP B&C) applies. From the parties' submission and the Wastewater Management Site and Soil Evaluation and Disposal System Design dated 13 June 2025 by SEEC (the Wastewater Report), I accept that the carrying out of this development will have a neutral or beneficial effect (NorBE) on water quality. Further, the Council's Planning Assessment Report dated 11 November 2024 states that the Council is satisfied that the proposed development is consistent with the NorBE guideline, as required by s 6.63. Accordingly, the concurrence of the Regulatory Authority is not required pursuant to s 6.64(4).

10. A BASIX certificate has been provided that relates to the development as amended.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1982f51c763f0b3bd5372265)

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