Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31:

1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) by the applicant against the respondent's refusal of the applicant's development application No. 8/2021/21939/1 (Development Application). The Development Application, as lodged, sought consent for a 336 lot residential subdivision and associated works to occur in three phases on land identified as Lot 33 in Deposited Plan 1004648 (now relevantly, Lot 35 in Deposited Plan 1288491) (Lot 35).

2. The Court has power to dispose of these proceedings under its Class 1 jurisdiction pursuant to s 17(d) of the Land and Environment Court Act 1979 (NSW) (LEC Act).

The Development Application

3. The Development Application was lodged with the respondent on 19 October 2021.

4. The Development Application was notified from 18 November to 2 December 2021.

5. As the land the subject of the proposal is mapped as bushfire prone land, the Development Application is for integrated development under s 4.46 of the EPA Act, and the proposal was referred to the NSW Rural Fire Service (RFS) on 4 November 2021. RFS issued General Terms of Approval (GTAs) on 5 April 2022.

6. On 15 February 2023, the respondent resolved to refuse the Development Application and the notice of determination was uploaded onto the planning portal on 9 March 2023.

7. On 8 September 2023, the proceedings were commenced in relation to the deemed refusal of the Development Application, being within the appeal period prescribed by s 8.10 of the EPA Act.

8. Following the termination of a conciliation conference arranged by the Court under s 34(1) of the LEC Act in July 2024, the matter was ultimately listed for hearing on 11 to 13 June 2025.

9. The applicant was granted leave to amend the Development Application on 5 September 2024, 27 March 2025, and 13 May 2025 (Amendments).

10. During the hearing, the parties reached agreement and requested that the matter be listed for another s 34 conference. The Court granted this request, and the matter was listed for a s 34 conference on 12 June 2025, following which the hearing was vacated. I presided over the hearing (to the extent it was commenced) and the conciliation conference.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19859048b363758389551ec9)

Disclaimer: Curated by HT Syndication.