On remittal from the Chief Judge's decision in NBC [2025] NSWLEC 136, the Court held that WLEP 2000 cll 56 and 58 are design principles concerned with the location and design of buildings on a site, not biodiversity standards, and that 'complement' in cl 56 means to 'fit in' rather than requiring improvement or positive contribution to environmental features. The Court found that vegetation clearing for Asset Protection Zones does not render a development inconsistent with the B2 Oxford Falls Valley Locality Statement requirement that 'landforms and vegetation will be protected and, where possible, enhanced', provided the development minimises disturbance and the site as a whole — including replanting, creek restoration, and conservation management — achieves protection and enhancement of the natural landscape. Development consent was granted for the seniors living development on the basis that the WLEP provisions and the BC Act s 7.13(2) BDAR assessment operate as cumulative, not substituted, considerations.
The full text is available to signed-in members.