Edwards Pension Fund Pty Ltd v Wingecarribee Shire Council [2024] NSWLEC 1177

Edwards Pension Fund Pty Ltd v Wingecarribee Shire Council [2024] NSWLEC 1177

The proposed development is properly characterised as for 'industry' because all storage and transport activities are solely in the service of producing extracted, potable water for commercial export, making any storage subordinate and transient. As 'industry' is a prohibited use on the C3-zoned land under the Wingecarribee Local Environmental Plan 2010, there is no power to grant consent, and the development application must be refused.

Parties
First Applicant: Edwards Pension Fund Pty Ltd; Second Applicant: Paul Edwards Pty Ltd; Respondent: Wingecarribee Shire Council
Jurisdiction
Australia
Judgment Date
12 April 2024
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed. Development application refused.
Legal Topics
Development Application, Permissibility of Use, Water Storage Facility, Characterisation of Land Use, Prohibited Development, Traffic Safety
Planning Law Environmental Law Development Application Permissibility of Use Water Storage Facility Characterisation of Land Use Prohibited Development Traffic Safety

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Parties

Edwards Pension Fund Pty Ltd

First Applicant

Paul Edwards Pty Ltd

Second Applicant

Wingecarribee Shire Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed development may be characterised as a permissible 'water storage facility' or is prohibited as an 'industry' under the applicable planning instruments
  2. 2 Whether activities associated with water extraction, filtration, storage, and transport constitute a water storage facility or prohibited industrial activity
  3. 3 Whether the development has unacceptable traffic safety impacts

Ratio Decidendi

The proposed development is properly characterised as for 'industry' because all storage and transport activities are solely in the service of producing extracted, potable water for commercial export, making any storage subordinate and transient. As 'industry' is a prohibited use on the C3-zoned land under the Wingecarribee Local Environmental Plan 2010, there is no power to grant consent, and the development application must be refused.

Court Disposition

Appeal dismissed. Development application refused.

Orders

  • The appeal is dismissed.
  • The development application DA22/0800 for extraction, piping, filtration, storage and transport of groundwater is determined by refusal.