De Angelis v Wingecarribee Shire Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: De Angelis v Wingecarribee Shire Council [2016] NSWLEC 1 Hearing dates:17 December 2015Date of orders: 05 February 2016 Decision date: 05 February 2016 Jurisdiction:Class 1Before: Craig J Decision: 1. Question: Whether Development Application LUA 13/0968 lodged with Wingecarribee Shire Council on 11 November 2013 is saved by virtue of clause 1.8A of the Wingecarribee Local Environmental Plan 2010 or whether it is prohibited by the making of Wingecarribee Local Environmental Plan 2010 (Amendment No 38).Answer: The development for which development consent is sought in Development Application LUA13/0968 lodged with Wingecarribee Shire Council on 11 November 2013 is not prohibited by the making of Wingecarribee Local Environmental Plan 2010 (Amendment No 38) and by operation of cl 1.8A of Wingecarribee Local Environmental Plan 2010 that Development Application must be determined under the provisions of the Environmental Planning and Assessment Act 1979 as if Wingecarribee Local Environmentall Plan 2010 (Amendment No 38) had not commenced.2.  Stand over the proceedings to the Registrar's List on Tuesday 16 February 2016 for directions.3.  Exhibits may be returned. Catchwords: DEVELOPMENT APPLICATION – permissibility of proposed development – issue determined as a separate question – amendment of principal planning instrument after the development application was made but not finally determined – operation of savings provision in principal planning instrument – whether reference in the savings provision to “this Plan” should be read as a reference to the Plan as amended – development application to be...