Residents Against Intermodal Developments Moorebank Incorporated v Independent Planning Commission (No 2) [2021] NSWLEC 1501

Land and Environment Court New South Wales

Medium Neutral Citation: Residents Against Intermodal Developments Moorebank Incorporated v Independent Planning Commission (No 2) [2021] NSWLEC 1501 Hearing dates: 21-29 June and 1 July 2021; mention on 17 December 2021 Date of orders: 24 December 2021 Decision date: 24 December 2021 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to State Significant Development Application No. 7709, for the Moorebank Precinct West Stage 2 (MPW Stage 2) at Moorebank Avenue, Moorebank (Lot 1 DP 1197707, Lot 2 DP 1197707, Lot 100 DP 1049508, Lot 101 DP 1049508, Part Lot 3 DP 1197707 and Part Anzac Road and Moorebank Avenue public road reserves), subject to the conditions in Annexure A. (3) The exhibits are returned except for A, R1-1 and R2-2. Catchwords: APPEAL – objector appeal under s 8.8 of the Environmental Planning and Assessment Act 1979 – State significant development – intermodal facility and rail link – development consent continues to operate during the course of the proceedings – whether development impacts can be adequately mitigated or managed – modifications to approved development consent – power under s 4.55(2) not relevant to present application – whether the consent in its current modified form is a consent that the Court should grant Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.5, 4.10, 4.12, 4.15, 4.17, 4.22, 4.24, 4.36, 4.55, 7.4, 7.8, 8.8, 8.13 Environmental Planning and Assessment Regulation 2000, cl 97, Sch 2 cll 6, 7, Sch 3 Interpretation Act 1987, s 80 Land and Environment Court Act 1979, s 39 Liverpool Local Environmental Plan 2008, cl 7.36 State Environmental Planning Policy (State and Regional Development) 2011, cl 18A, Sch 1 cl 19 Cases Cited: Arrage v Inner West Council [2019] NSWLEC 85 Australian International Academy of Education Inc v The Hills Shire Council (2013) 196 LGERA 1 Birdon Contracting Pty Ltd v Hawkesbury City Council [2009] NSWLEC 85 Blacktown City Council v Satmell [2019] NSWLEC 93 Botany Bay City Council v Minister for Planning (2006) 148 LGERA 251; [2006] NSWLEC 194 Botany Bay City Council v Remath Investments No 6 Pty Ltd (2000) 50 NSWLR 312; [2000] NSWCA 364 Charara v Ku-ring-gai Council [2019] NSWLEC 183 Greentree v Director-General of the Department of Land and Water Conservation [2002] NSWLEC 53 Helman v Byron Shire Council (1995) 87 LGERA 349 Hope v Bathurst City Council (1980) 144 CLR 1; [1980] HCA 16 Houlton v Woollahra Municipal Council (1997) 95 LGRA 201 Mison v Randwick Municipal Council (1991) 23 NSWLR 734; (1991) 73 LGERA 349 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280 North Sydney Council v Michael Stanley and Associates Pty Ltd (1998) 43 NSWLR 468 Prineas v Forestry Commission of NSW (1983) 49 LGRA 402 Scurr v Brisbane City Council (1973) 133 CLR 242 Sydney City Council v llenace Pty Ltd (1984) 3 NSWLR 414 Vacik Pty Ltd V Penrith City Council (unreported) [1992] NSWLEC 8 Wolgan Action Group Inc v Lithgow City Council (2001) 116 LGERA 378; [2001] NSWLEC 199 Texts Cited: Environment Protection Authority, Noise Policy for Industry (2017) Category: Principal judgment Parties: Residents Against Intermodal Developments Moorebank Incorporated (Applicant) Independent Planning Commission (First Respondent) Qube Holdings Limited (Second Respondent) Representation: E Rakowski (Agent) (Applicant)