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-2024/205 (DA). The DA seeks consent for the demolition of the existing dwelling and construction of two dwelling houses, Torrens title subdivision and associated works at 45 Darling Street, Roseville legally described as Lot 2 in DP 596131 (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-2024/205 in accordance with the documents listed below (amended DA):
3. The Court arranged a conciliation conference under s 34AA of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 13 May 2025. I presided over the conciliation conference.
4. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved the Court upholding the appeal for the amended DA and granting development consent to the amended DA subject to conditions.
5. I note that as part of the submitted s 34 agreement, the parties have submitted a jurisdictional statement setting out how the proposal has satisfied the jurisdictional requirements and other matters. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions.
Jurisdictional Prerequisites
6. There are jurisdictional prerequisites that must be satisfied before this function can be exercised. The parties identified the jurisdictional prerequisites of relevance in these proceedings and explained how the jurisdictional prerequisites have been satisfied. I am satisfied that the parties' decision is one that the Court could have made in the proper exercise of its functions, as required by s 34(3) of the LEC Act, as set out below.
7. I am satisfied that owners consent accompanied the DA. The DA was lodged to the Respondent on 19 September 2024. The Respondent notified the DA from 30 September 2024 to 15 October 2024 where submissions from two individuals were received. As the parties have reached agreement, the Court is limited to jurisdictional matters. The parties confirmed that they have considered the submissions.
State Environmental Planning Policy (Biodiversity and Conservation) 2021 (SEPP BC)
8. Chapter 6 applies as the site is located within the Sydney Harbour Catchment. The parties jointly submit that Ch 6 does not contain any relevant provisions.
9. For the abundance of caution, I have considered Div 2 controls in relation to development generally, ss 6.6, 6.7 and 6.10. The amended DA is accompanied by stormwater plans prepared by Quantum Engineers dated 27 March 2025 and a BASIX Certificate that incorporates reuse of water through the proposed water tank, use of on-site detention tanks, drainage easements and discharge of stormwater into an easement. I accept that the likely impacts on water quality will be neutral or beneficial and that there will be negligible impacts on the total catchment area. I accept that there the other matters in Ch 6 are not impacted given the minor scale of development and location of the site away from waterways, reserves, wetlands, natural habitats or other areas identified in SEPP BC. With consideration of the above and the jurisdictional statement I accept that the provisions of SEPP BC are met.
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196f56395bf3a0d4d95a5ac1)
Disclaimer: Curated by HT Syndication.
