Burge v Wollondilly Shire Council [2019] NSWLEC 1499

Burge v Wollondilly Shire Council [2019] NSWLEC 1499

The applicant's amended plans, revised Plan of Management, and agreed conditions of consent resolve all contentions and satisfactorily address compliance with statutory planning instruments and environmental controls; the development application is found to be in the public interest and is approved.

Parties
Applicant: Robert Burge; Respondent: Wollondilly Shire Council
Jurisdiction
Australia
Judgment Date
18 October 2019
Procedural Posture
Appeal / Final Orders
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
Development Application, Transport Depot, Visual Impacts, Dust Impacts, Noise Impacts, Remediation of Land
Planning and Environment Development Application Transport Depot Visual Impacts Dust Impacts Noise Impacts Remediation of Land

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Parties

Robert Burge

Applicant

Wollondilly Shire Council

Respondent

Procedural Posture

Appeal / Final Orders

Legal Issues

  1. 1 Whether the proposed development is permissible under the relevant environmental planning instruments
  2. 2 Potential visual, dust, and noise impacts
  3. 3 Compliance with remediation requirements under SEPP55

Ratio Decidendi

The applicant's amended plans, revised Plan of Management, and agreed conditions of consent resolve all contentions and satisfactorily address compliance with statutory planning instruments and environmental controls; the development application is found to be in the public interest and is approved.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • The appeal is upheld.
  • Development Application No. 10.2015.284.001 for use of land as a transport depot at 70 Prices Road, Douglas Park, also identified as Lot 1 in DP 249565, is determined by the grant of consent, subject to the conditions provided at Annexure 'A' to this judgment.