Lend Lease Communities (Wilton) Pty Ltd v Wollondilly Shire Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Lend Lease Communities (Wilton) Pty Ltd v Wollondilly Shire Council [2016] NSWLEC 111 Hearing dates:3, 4, 5 May, 29, 30 June, 6, 7 July, 15, 16, 17, 18, 19 August 2016Decision date: 30 August 2016 Jurisdiction:Class 1Before: Moore J Decision: Conclusions at [99] and directions at [100] and [101] Catchwords: DEVELOPMENT APPLICATION –- proposed fire trials/cycle ways/pedestrian paths in environmentally sensitive lands –- no objection to cycle way/pathway element –- additional impact of constructing as fire trials –- provisions of the LEP –- provisions of the DCP –- construction as fire trials acceptable DEVELOPMENT APPLICATION –- proposed vegetation clearing –- approval is sought before detailed subdivision plan submitted to Council –- prematurity –- ability to vary a development consent as a condition of a subsequent subdivision consent –- agreement by applicant to accept a condition that no clearing would be undertaken until after the relevant detailed subdivision application had been approved – –- utility of granting approval of vegetation clearing –- vegetation clearing approved DEVELOPMENT APPLICATION –- application for approval to clear vegetation identified in earlier consent as warranting retention –- desirability of retaining protection of the vegetation until subsequent detailed subdivision application considered –- ability to vary prior consent if vegetation removal justified in light of detailed subdivision application –- condition requiring retention of vegetation imposed PRACTICE AND PROCEDURE –- application to add new contention –- lateness of application –- ability to deal with the contention forthwith...