Waluya Pty Ltd v Minister for Planning and Public Spaces [2025] NSWLEC 1062

Waluya Pty Ltd v Minister for Planning and Public Spaces [2025] NSWLEC 1062

There is no relevant inconsistency between the Regional SEPP and the Transport SEPP; both can sensibly operate together so that development for the purpose of a bus depot is permitted with consent in the B6 Enterprise Corridor zone. The Note in the Regional SEPP, read in light of Interpretation Act s 35(4)(b), supports the concurrent operation of the instruments and allows importation of the relevant definitions and permissive provisions from the Transport SEPP. Nonetheless, final determination is deferred pending further evidence regarding signage as required under the Industry SEPP.

Parties
Applicant: Waluya Pty Ltd; Respondent: Minister for Planning and Public Spaces
Jurisdiction
Australia
Judgment Date
06 February 2025
Procedural Posture
Development Application Appeal / Post Hearing, Preliminary Decision With Directions
Outcome
Preliminary decision with directions; development not found prohibited; further information required regarding signage before final determination.
Legal Topics
Development Application, State Environmental Planning Policy, Permissibility of Bus Depot in B6 Zone, Statutory Inconsistency, Traffic Impacts, Signage Requirements
Planning and Environment Development Application State Environmental Planning Policy Permissibility of Bus Depot in B6 Zone Statutory Inconsistency Traffic Impacts Signage Requirements

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Parties

Waluya Pty Ltd

Applicant

Minister for Planning and Public Spaces

Respondent

Procedural Posture

Development Application Appeal / Post Hearing, Preliminary Decision With Directions

Legal Issues

  1. 1 Whether the proposed bus depot development is prohibited in the B6 Enterprise Corridor zone under the Regional SEPP
  2. 2 Whether there is an inconsistency between the Regional SEPP and the Transport SEPP as to permissibility of a bus depot
  3. 3 Whether the proposed development will have unacceptable impacts on traffic safety and operation

Ratio Decidendi

There is no relevant inconsistency between the Regional SEPP and the Transport SEPP; both can sensibly operate together so that development for the purpose of a bus depot is permitted with consent in the B6 Enterprise Corridor zone. The Note in the Regional SEPP, read in light of Interpretation Act s 35(4)(b), supports the concurrent operation of the instruments and allows importation of the relevant definitions and permissive provisions from the Transport SEPP. Nonetheless, final determination is deferred pending further evidence regarding signage as required under the Industry SEPP.

Court Disposition

Preliminary decision with directions; development not found prohibited; further information required regarding signage before final determination.

Orders

  • Within 14 days, Waluya is to file and serve documents to describe the signage proposed, pursuant to Chapter 3 of State Environmental Planning Policy (Industry and Employment) 2021.
  • Within 21 days, a joint expert report prepared by the traffic experts on any aspect of traffic operation arising from the proposed signage is to be filed with the Court.