Street of the Fishing Cat Pty Ltd v Wingecarribee Shire Council (No 2) [2026] NSWLEC 1735
Before: Washington C · NSW Land and Environment Court
Summary
this appeal. The Council submits, via the applicant, that their inclusion of the tabulated information relies on s 39(2) of the Environmental Planning and Assessment (Development Certification and Fi
Catchwords
APPEAL — refusal to issue occupation certificate — single dwelling — no modified construction certificate — appeal upheld
Outcome
The Court orders: (1) The appeal is upheld. (2) The Occupation Certificate at Annexure A is issued for the dwelling house built at 90 Mary Street, Mittagong NSW, pursuant to DA22/1422 as modified by DA24/0402. (3) Exhibit 7 is returned. All other exhibits are retained.
Legislation cited
Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 (NSW), s 39
Read the full judgment
Authoritative text on NSW Caselaw · ~7k words
Related decisions
Repoly Pty Ltd v NSW Independent Planning Commission and Ors [2026] NSWLEC 132
NSW Independent Planning Commission and Ors · 30 September 2026
John Bruce Grant v Kiama Municipal Council (No 2) [2026] NSWLEC 67
Kiama Municipal Council (No 2) · 29 May 2026
Street of the Fishing Cat Pty Ltd v Wingecarribee Shire Council [2026] NSWLEC 1631
Wingecarribee Shire Council · 25 September 2026
Cameron v Woollahra Municipal Council (No 2) [2026] NSWLEC 122
Woollahra Municipal Council (No 2) · 22 September 2026
Variant Group Pty Ltd v Tweed Shire Council (No. 2) [2026] NSWLEC 1279
Tweed Shire Council (No. 2) · 19 May 2026
Riveredge Investments Pty Limited v Valuer General of New South Wales [2026] NSWLEC 45
Valuer General of New South Wales · 14 April 2026