Warnervale Employment Zone Pty Ltd v Central Coast Council [2020] NSWLEC 1571

Land and Environment Court New South Wales

Medium Neutral Citation: Warnervale Employment Zone Pty Ltd v Central Coast Council [2020] NSWLEC 1571 Hearing dates: 14, 15 and 16 October 2020 Date of orders: 23 November 2020 Decision date: 23 November 2020 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application DA/795/2018 for a vehicle hire and sales premises at 450 Pacific Highway, Wyong is refused. (3) The exhibits other than exhibits A, B and 1 are to be returned. Catchwords: DEVELOPMENT APPLICATION – vehicle hire or sales premises – legal status of applicants – whether application is a "sham" – whether satisfaction under SEPP 55 as to potentially contaminated land – whether arrangements for the disposal and management of sewage satisfy cl 7.9 Wyong Local Environmental Plan – whether sufficient information about number and nature of vehicle movements – whether access from a classified road (Pacific Highway) is appropriate – whether there is sufficient information to grant the application Legislation Cited: Corporations Act 2001 (Cth) Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55—Remediation of Land Wyong Local Environmental Plan 2013 Cases Cited: Central Coast Council v 422 Pacific Highway Wyong Pty Ltd (No 2) [2018] NSWLEC 97 Chamwell Pty Ltd v Strathfield Council (2007) 151 LGERA 400; [2007] NSWLEC 114 Betohuwisa Investments Pty Ltd v Kiama Municipal Council (2010) 177 LGERA 312; [2010] NSWLEC 223 Texts Cited: Department of Urban Affairs and Environment, Contaminated Land Planning Guidelines 1998 Development Control Plan 2013 – Development Controls for Wyong Shire Category: Principal judgment Parties: Warnervale Employment Zone Pty Ltd (First Applicant) 422 Pacific Highway Wyong Pty Ltd (Second Applicant) Central Coast Council (Respondent) Representation: Counsel: R Clark (Director/agent) (Applicants) T To (Respondent)