Bulk Resources Management Pty Ltd v Penrith City Council [2020] NSWLEC 1142

Bulk Resources Management Pty Ltd v Penrith City Council [2020] NSWLEC 1142

Because the parties reached agreement on modified Development Control Orders 1 and 10, the requirements of SEPP 55 and the PLEP were agreed to be satisfied, and the Commissioner was satisfied there were no jurisdictional impediments and that the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' decision.

Jurisdiction
Australia
Judgment Date
27 March 2020
Procedural Posture
Class 1 Appeal Under S 8.18 of the Environmental Planning and Assessment Act 1979 Against Development Control Orders / Orders Made Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Control Order modified as set out in Annexure 'A'.
Legal Topics
['development Control Orders' 'waste or Resource Management Facility' 'cessation of Use' 'remediation Works' 'conciliation Conference' 'agreement Between Parties']
['environmental Planning and Assessment' 'land and Environment'] ['development Control Orders' 'waste or Resource Management Facility' 'cessation of Use' 'remediation Works' 'conciliation Conference' 'agreement Between Parties']

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Procedural Posture

Class 1 Appeal Under S 8.18 of the Environmental Planning and Assessment Act 1979 Against Development Control Orders / Orders Made Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether Development Control Orders 1 and 10 relating to cessation of use of a waste or resource management facility and restoration works should be modified in accordance with the parties' agreement." "Whether the parties' agreed decision was one the Court could have made in the proper exercise of its functions under s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979." 'Whether the proposed modified orders satisfied relevant jurisdictional requirements, including State Environmental Planning Policy No 55—Remediation of Land and Penrith Local Environmental Plan 2010.']

Ratio Decidendi

Because the parties reached agreement on modified Development Control Orders 1 and 10, the requirements of SEPP 55 and the PLEP were agreed to be satisfied, and the Commissioner was satisfied there were no jurisdictional impediments and that the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' decision.

Court Disposition

Appeal upheld; Development Control Order modified as set out in Annexure 'A'.

Orders

  • ['The Appeal is upheld.' "The terms of the Development Control Order are modified as set out in Annexure 'A'." 'The Court notes the following undertakings given to the Respondent: Allen Romel and Michael Menon agree on behalf of the Applicant to procure all necessary steps to be undertaken by the Applicant to carry...