No Dump Residents Association Incorporated v Collex Pty Limited [2004] NSWLEC 618

No Dump Residents Association Incorporated v Collex Pty Limited [2004] NSWLEC 618

The subject land under s 3 of the Clyde Waste Transfer Terminal (Special Provisions) Act 2003 was the land the subject of Collex's development application, as identified by the development application materials and as modified by the SEIS. Those materials confined the relevant land to the revised transfer building/site layout and the separate smaller proposed site location, not the whole of Lot 201 DP 1007683, the pink-stippled area in Figure 5.1.2, or the wagon loading, container storage and rail track areas. Accordingly the development consent taken to have been granted by s 4 authorised development for a waste transfer terminal only on those confined areas, and did not itself authorise...

Jurisdiction
Australia
Judgment Date
05 November 2004
Procedural Posture
Class 4 Proceedings Seeking Declaratory Relief Concerning Alleged Development Without Development Consent Under the Environmental Planning and Assessment Act 1979 / Determination of Preliminary Issue as to the Identity of the Subject Land Referred to in the Clyde Waste Transfer Terminal (special Provisions) Act 2003; Existing or Continuing Use Arguments Deferred
Outcome
Preliminary issue determined substantially in favour of the applicant; the Court declined to make the declaration exactly in the terms sought but found the Clyde Act authorised development only on the confined subject land, with further argument required on existing or continuing use rights.
Legal Topics
['development Consent' 'waste Transfer Terminal' 'identification of Subject Land' 'use of Extrinsic Material' 'existing or Continuing Use Rights']
['planning and Environment Law' 'statutory Interpretation'] ['development Consent' 'waste Transfer Terminal' 'identification of Subject Land' 'use of Extrinsic Material' 'existing or Continuing Use Rights']

Case Brief

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Procedural Posture

Class 4 Proceedings Seeking Declaratory Relief Concerning Alleged Development Without Development Consent Under the Environmental Planning and Assessment Act 1979 / Determination of Preliminary Issue as to the Identity of the Subject Land Referred to in the Clyde Waste Transfer Terminal (special Provisions) Act 2003; Existing or Continuing Use Arguments Deferred

Legal Issues

  1. 1 ['Whether the development consent taken to have been granted by s 4 of the Clyde Waste Transfer Terminal (Special Provisions) Act 2003 authorised activities outside the transfer building, including movement, storage, loading and unloading of waste containers on railway siding and hardstand areas.' 'What land was the "subject land" within the meaning of s 3 of the Clyde Waste Transfer Terminal (Special Provisions) Act 2003.' 'Whether the expression "waste transfer terminal" extended beyond the transfer building and access-related areas to parts of the Clyde Intermodal Facility including wagon loading, container storage areas and Tracks 20 and 22.']

Ratio Decidendi

The subject land under s 3 of the Clyde Waste Transfer Terminal (Special Provisions) Act 2003 was the land the subject of Collex's development application, as identified by the development application materials and as modified by the SEIS. Those materials confined the relevant land to the revised transfer building/site layout and the separate smaller proposed site location, not the whole of Lot 201 DP 1007683, the pink-stippled area in Figure 5.1.2, or the wagon loading, container storage and rail track areas. Accordingly the development consent taken to have been granted by s 4 authorised development for a waste transfer terminal only on those confined areas, and did not itself authorise...

Court Disposition

Preliminary issue determined substantially in favour of the applicant; the Court declined to make the declaration exactly in the terms sought but found the Clyde Act authorised development only on the confined subject land, with further argument required on existing or continuing use rights.

Orders

  • ['The only development authorised pursuant to the development consent taken to have been granted under s 4 of the Clyde Waste Transfer Terminal (Special Provisions) Act 2003 is for the purpose of a Waste Transfer Terminal on the part of Lot 201, Deposited Plan 1007683 depicted as the Revised Transfer Building on...