In brief – Court of Appeal overturns decision in
Huntlee v Sweetwater
A NSW Court of Appeal decision on 8 December 2011 in the matter
of
Huntlee Pty Ltd v Sweetwater Action Group Inc [2011] NSWCA
378 is good news for developers entering into voluntary
planning agreements (VPAs).
Voluntary planning agreement relating to residential
subdivision in the Lower Hunter region
The case related to a proposed residential subdivision in the
Lower Hunter region south of Branxton in New South Wales,
comprising some 1,702 hectares of land, with an expected yield of
7,200 new residential dwellings, to be constructed over a period of
15 years.
As part of the project, the developer, Huntlee Pty Limited,
entered into a planning agreement with the Minister for Planning
and the Minister for Environment. Among other things, the agreement
required the developer to dedicate 5,612 hectares of
environmentally significant land for conservation purposes, provide
a monetary
