Archie and Lion Pty Ltd ATF The Bundanoon Hotel Trust v Wingecarribee Shire Council [2026] NSWLEC 1430
Before: Targett C · NSW Land and Environment Court
Summary
APPEAL – Development application - conciliation conference – agreement between the parties - orders
Catchwords
APPEAL – Development application - conciliation conference – agreement between the parties - orders
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA25/2627, as amended, for boundary adjustment, retention of the existing hotel on proposed Lot 1 and construction of a multi-dwelling housing development comprising six dwellings on proposed Lot 2 and associated works at 6-18 Erith Street, Bundanoon, is determined by the grant of consent subject to the conditions at Annexure A. (3) The applicant is to pay the respondent’s costs thrown away as a result of the amended application in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), as agreed or assessed.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7, 8.10, 8.11, 8.15 Land and Environment Court Act 1979 (NSW), ss 17, 34 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.98, 2.100 Wingecarribee Local Environmental Plan 2010, cll 5.10, 6.2, 7.3
Read the full judgment
Authoritative text on NSW Caselaw · ~19k words
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