Event and Time
Event Description
This case involves a Class 1 Development Appeal in the Land and Environment Court of New South Wales regarding the proposed development and subdivision of land located in Vineyard. The appeal was lodged against a refusal for Development Application No. DA0133/22, which sought consent for various activities including the demolition of existing structures, tree removal, earthworks, and the subdivision of the land into 116 residential lots and two lots for temporary stormwater detention.
Application and Claims
- Development Application No. DA0133/22: The application sought consent for the following:
- Demolition of existing structures - Tree removal - The construction of public roads - Earthworks - The staged Torrens title subdivision into: - 112 single dwelling residential lots (R2 Low Density Residential) - 1 single dwelling residential lot (E4 Environmental Living) - 1 lot zoned RE1 for future public recreation - 1 lot zoned SP2 Infrastructure for a future Classified Road - 2 lots for temporary stormwater detention.
- Conciliation Conference: A conciliation conference was held, resulting in an agreement between the parties to grant the appeal and provide development consent subject to conditions.
Judicial Decisions
The Court upheld the appeal and granted deferred development consent to DA0133/22, incorporating various conditions as presented in Annexure A. The decision follows the framework established under the Environmental Planning and Assessment Act 1979.
Dispute Points and Legal Basis
Dispute Points
- Complainants’ Concerns: Two submissions were received during the public notification period, expressing objections to the development.
- Respondent’s Position: The Respondent, acting as the consent authority, agreed to the amendments made to the application, stating that they did not introduce new significant impacts.