Wallarah Minerals Pty Ltd v Mulwaree Shire Council [2000] NSWLEC 238

The requirements of SEPP 55 for a proper preliminary investigation of potential contamination have not been satisfied and therefore, development consent for the erection of a dwelling house must be refused despite most other issues being resolved in favour of the applicant.

Source-derived case information.

Parties: Applicant: Wallarah Minerals Pty Ltd; Respondent: Mulwaree Shire Council
Jurisdiction: Australia
Judgment Date: 09 November 2000
Procedural Posture: Appeal / Final Judgment
Outcome: appeal dismissed
Legal Topics: Contaminated Land, Development Standards, Prohibitive Conditions, Mining and Extractive Industries, Local Environmental Plans

Planning Law Environmental Law Contaminated Land Development Standards Prohibitive Conditions Mining and Extractive Industries Local Environmental Plans

Source-derived case record

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2

Parties

Wallarah Minerals Pty Ltd

Applicant

Mulwaree Shire Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

1 Whether cl 19(3)(a) of Mulwaree Local Environmental Plan 1995 contains a development standard subject to SEPP 1 objection
2 Whether previous use of the land constituted 'mining and extractive industries' for SEPP 55
3 Whether the preliminary site assessment satisfies the requirements of cl 7(2) of SEPP 55

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

Appeal dismissed.
Development Application for the erection of a dwelling house on Lot 2 DP 806625 Jerrara Road Marulan is determined by refusal of consent.

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