Coca-Cola Amatil (Aust) Pty Ltd v Gosford City Council [2006] NSWLEC 278

Coca-Cola Amatil (Aust) Pty Ltd v Gosford City Council [2006] NSWLEC 278

The proposed modification to increase the depth trigger from 10m to 15m is consistent with expert hydrogeological evidence, the Water Sharing Plan provisions, and does not pose an unacceptable risk to the groundwater resource or neighbouring properties. The objections raised do not outweigh the joint expert agreement, and the modification is permissible for the trial period.

Parties
Applicant: Coca-Cola Amatil (Aust) Pty Ltd; Respondent: Gosford City Council
Jurisdiction
Australia
Judgment Date
24 May 2006
Procedural Posture
Development Application Section 96 Modification / Judgment
Outcome
consent orders made allowing modification
Legal Topics
Modification of Development Consent, Groundwater Extraction, Environmental Planning, Water Management
Environmental Law Planning Law Modification of Development Consent Groundwater Extraction Environmental Planning Water Management

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Parties

Coca-Cola Amatil (Aust) Pty Ltd

Applicant

Gosford City Council

Respondent

Procedural Posture

Development Application Section 96 Modification / Judgment

Legal Issues

  1. 1 Whether modification of condition 2.3a to increase groundwater extraction trigger from 10m to 15m is permissible
  2. 2 Potential adverse impacts on aquifer, groundwater resources, and neighbouring properties
  3. 3 Compliance with Water Sharing Plan for Kulnura Mangrove Mountain Groundwater Sources

Ratio Decidendi

The proposed modification to increase the depth trigger from 10m to 15m is consistent with expert hydrogeological evidence, the Water Sharing Plan provisions, and does not pose an unacceptable risk to the groundwater resource or neighbouring properties. The objections raised do not outweigh the joint expert agreement, and the modification is permissible for the trial period.

Court Disposition

consent orders made allowing modification

Orders

  • Development consent modified by deletion of Condition 1D and replacement with revised groundwater extraction trigger conditions.
  • The extraction of groundwater up to 66ML is subject to immediate cessation and notification to DNR if monitoring bores reach or exceed 15 metres below top of casing.