Waldrip v Lake Macquarie City Council and Johnson Property Group Pty Ltd [2016] NSWLEC 1365

Waldrip v Lake Macquarie City Council and Johnson Property Group Pty Ltd [2016] NSWLEC 1365

The amended plans and agreed conditions, including Condition 37 as revised to regulate odour emission rates, H2S concentrations, total emissions, modelling, testing and monitoring, were in accordance with the Court's earlier judgment and sufficiently addressed the previously identified impacts, so the appeal against Council's approval was dismissed and the development application was approved subject to conditions.

Jurisdiction
Australia
Judgment Date
30 August 2016
Procedural Posture
Class 1 Development Application Appeal / Judgment and Orders Following Amended Plans, Further Submissions and Agreed Conditions After Prior Judgment and Directions
Outcome
Appeal dismissed; development application approved subject to conditions.
Legal Topics
['development Application' 'water Recycling Facility' 'conditions of Consent' 'odour Control' 'wildlife Corridor' 'air Dispersion Modelling']
['planning and Environment Law'] ['development Application' 'water Recycling Facility' 'conditions of Consent' 'odour Control' 'wildlife Corridor' 'air Dispersion Modelling']

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Procedural Posture

Class 1 Development Application Appeal / Judgment and Orders Following Amended Plans, Further Submissions and Agreed Conditions After Prior Judgment and Directions

Legal Issues

  1. 1 ["Whether the amended plans and supplementary ecology information complied with the Court's findings and directions in Waldrip v Lake Macquarie City Council and Johnson Property Group Pty Ltd [2016] NSWLEC 1212." 'Whether disputed odour control requirements should be included in Condition 37 of the development consent.' 'Whether the development application for a water recycling facility should be approved subject to conditions.']

Ratio Decidendi

The amended plans and agreed conditions, including Condition 37 as revised to regulate odour emission rates, H2S concentrations, total emissions, modelling, testing and monitoring, were in accordance with the Court's earlier judgment and sufficiently addressed the previously identified impacts, so the appeal against Council's approval was dismissed and the development application was approved subject to conditions.

Court Disposition

Appeal dismissed; development application approved subject to conditions.

Orders

  • ["The appeal against the First Respondent's approval of the development application (DA/714/2014) is dismissed." 'The development application (DA/714/2014) for a utility installation, being a water recycling facility for the treatment of sewage, at 615-617 Freemans Drive (Lot 12 DP 1158508, Lot 212 DP 1037011),...