DEVELOPMENT APPLICATION — integrated development and designated development — increase to the annual production capacity of an existing grape processing facility, a winemaking operation, and an upgrade to existing wastewater treatment plant — conciliation conference — agreement between the parties — orders
Quick Take
1Where the consent authority is satisfied that all contentions are resolved by an amended application and agreed conditions, the Court in disposing of a s 34 agreement need only consider provisions of an environmental planning instrument that constitute a jurisdictional constraint on the grant of consent (Joseph v Spencer (2026) 266 LGERA 133; [2026] NSWCA 46 at [140]).
2An application for integrated development refused because general terms of approval were not obtained from the EPA may be granted consent on appeal under s 8.14(4) of the EPA Act. On the facts, a joint report of odour and air quality experts was accepted as addressing all of the EPA's concerns, subject to agreed conditions.
3Land contamination matters under s 4.6 of State Environmental Planning Policy (Resilience and Hazards) 2021 may be addressed by a deferred commencement condition. On the facts, that condition prevented the consent operating until remediation under a current EPA Clean-Up Notice was completed to the EPA's satisfaction.
