Refalo v Camden Council [2021] NSWLEC 1485

Land and Environment Court New South Wales

Medium Neutral Citation: Refalo v Camden Council [2021] NSWLEC 1485 Hearing dates: 12 May 2021; 30 July 2021 Date of orders: 24 August 2021 Decision date: 24 August 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted for intensive plant agriculture (hydroponics), including the construction of a raised hydroponic farm pad, sheds, pivot irrigation system and associated works, at 84 Cut Hill Road, Cobbitty, subject to the conditions in Annexure A. (3) Exhibits 1, 2, 3, 6, 8 and G are returned. Catchwords: APPEAL – development application - intensive plant agriculture – adequacy of written letter of owner's consent – visual impact of the raised hydroponic growing pad – whether earthworks have been minimised – whether there are traffic and acoustic impacts Legislation Cited: Camden Local Environmental Plan 2010, cll 2.3, 7.4 Environmental Planning and Assessment Act 1979, ss 8.7, 4.15 Environmental Planning and Assessment Regulation 2000, cl 49(1) Standard Instrument (Local Environmental Plans) Order 2006 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Cases Cited: Codling v Central Coast Council [2019] NSWLEC 1158 CSKS Holdings Pty Ltd v Woollahra Council [2014] NSWLEC 176 Harry's Real Estate Agency Pty Ltd v Canterbury Municipal Council (Land and Environment Court of New South Wales, 8 July 1981, unreported) Stafford Quarries Pty Ltd v Kempsey Shire Council (1992) 76 LGRA 52 Texts Cited: Camden Development Control Plan 2019 Category: Principal judgment Parties: David Refalo (Applicant) Camden Council (Respondent) Representation: Counsel: A Hemmings (Applicant) J Reid (Respondent)