MPG Funds Management Ltd v Wingecarribee Shire Council [2026] NSWLEC 1717
Before: Washington C · NSW Land and Environment Court
Summary
DEVELOPMENT APPLICATION – commercial premises – conciliation conference – agreement between the parties – orders
Catchwords
DEVELOPMENT APPLICATION – commercial premises – conciliation conference – agreement between the parties – orders
Outcome
The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the applicant is to pay the respondent’s costs thrown away as a result of the amendments to the development application in the agreed amount of $5,000 within 28 days of the date of these orders. (2) The appeal is upheld. (3) Development Application No 25/1573 (PAN-508181) seeking consent for the demolition of an existing retail premises and alterations and additions to the existing Coles supermarket, including a Liquorland shop, at 7-11 and 13-19 Kirkham Street, Moss Vale, is determined by the grant of development consent subject to the conditions set out in Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.16, 4.46, 8.7, 8.15, Land and Environment Court Act 1979 (NSW), s 34 Water Management Act 2000 (NSW), s 91 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, Pt 6.2, Div 2, ss 6.11, 6.61 State Environmental Planning Policy (Industry and Employment) 2021, Ch 3, Sch 5, ss 3.1, 3.6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Wingecarribee Local Environmental Plan 2010, cll 2.7, 4.3, 4.4, 5.21, 6.2
Read the full judgment
Authoritative text on NSW Caselaw · ~9k words
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