Vortex Developments Pty Ltd trading as Plannex Environmental Planning v The Council of the Municipality of Kiama [2024] NSWLEC 1755

Vortex Developments Pty Ltd trading as Plannex Environmental Planning v The Council of the Municipality of Kiama [2024] NSWLEC 1755

The proposed development, as described and confined by the development application and EIS, is a permissible use under the planning instrument, does not result in unacceptable environmental impacts, and acquires substantial compliance with the requirements for an EIS and other statutory preconditions. The contentions of the objectors (Sandys) are not made out and do not warrant refusal. Consent should be granted with conditions per Annexure A.

Parties
First Applicant: Vortex Developments Pty Ltd trading as Plannex Environmental Planning; Second Applicant: Endo-Technik-Nord Pty Ltd; First Respondent: The Council of the Municipality of Kiama; Second Respondent: Kenneth Sandy; Third Respondent: Debra Sandy
Jurisdiction
Australia
Judgment Date
26 November 2024
Procedural Posture
Class 1 Appeal / Final Judgment
Outcome
Appeal upheld; development application approved with conditions.
Legal Topics
Appeal Against Refusal of Development Consent, Designated Development, Permissibility of Abattoir Use, Adequacy of Environmental Impact Statement, Traffic Impacts, Flood and Stormwater Impacts, Biosecurity, Wastewater Management, Cumulative Impacts
Environmental Law Planning Law Local Government Law Appeal Against Refusal of Development Consent Designated Development Permissibility of Abattoir Use Adequacy of Environmental Impact Statement Traffic Impacts +4 more

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Parties

Vortex Developments Pty Ltd trading as Plannex Environmental Planning

First Applicant

Endo-Technik-Nord Pty Ltd

Second Applicant

The Council of the Municipality of Kiama

First Respondent

Kenneth Sandy

Second Respondent

Debra Sandy

Third Respondent

Procedural Posture

Class 1 Appeal / Final Judgment

Legal Issues

  1. 1 Whether the proposed abattoir constitutes a permissible use under the Kiama Local Environmental Plan 2011
  2. 2 Adequacy of the submitted Environmental Impact Statement under applicable statutory requirements
  3. 3 Whether the development will have unacceptable environmental impacts, including traffic, stormwater, flood, biosecurity, and cumulative impacts

Ratio Decidendi

The proposed development, as described and confined by the development application and EIS, is a permissible use under the planning instrument, does not result in unacceptable environmental impacts, and acquires substantial compliance with the requirements for an EIS and other statutory preconditions. The contentions of the objectors (Sandys) are not made out and do not warrant refusal. Consent should be granted with conditions per Annexure A.

Court Disposition

Appeal upheld; development application approved with conditions.

Orders

  • The appeal is upheld.
  • Development application 10.2021.156.1 is determined by the grant of consent, subject to the conditions in Annexure A.