Event and Time
Event Description
- Date of Application: 19 August 2021
- Date of Refusal: 21 December 2021
- Hearing Dates: Commenced on 10 October 2023, including a site inspection on 9 October 2023, with adjournments on 11 October 2023 and 9 November 2023.
- Conciliation Conference: Held on 9 November 2023.
Application and Claims
- Applicant: Landmark Group NSW Pty Ltd
- Development Application: DA0099/2122 for the demolition and construction of 26 dwellings and a 29 Lot Community Title Subdivision at 30a Sloane Street, Goulburn, NSW.
- Claims:
- The development is for multi-dwelling housing and complies with local zoning regulations. - An agreement was achieved through a conciliation conference to amend the application.
Judicial Decisions
- The Court upheld the appeal and granted the development consent subject to conditions outlined in Annexure A, considering the agreement reached between the parties during conciliation.
Dispute Points and Legal Basis
Dispute Points
- Claim by Landmark:
- The development is permissible under Goulburn Mulwaree Local Environmental Plan 2009 (GMLEP). - The application’s amendments resolve the inconsistencies noted in the original application.
- Counterarguments:
- The Council initially refused the application citing various concerns including compatibility with zoning and environmental impact. - Discrepancies related to the compliance of the application with development standards and guidelines.