South Coast Retirement Unit Company Pty Ltd v Parkes Shire Council [2021] NSWLEC 1716

Land and Environment Court New South Wales

Medium Neutral Citation: South Coast Retirement Unit Company Pty Ltd v Parkes Shire Council [2021] NSWLEC 1716 Hearing dates: 4 November 2021 Date of orders: 24 November 2021 Decision date: 24 November 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) the Applicant is pay the Respondent's costs in the amount of $1,000 pursuant to the provisions of s 8.15(3) of the EP&A Act; (2) the appeal is upheld; (3) the Applicant's development application 2019/0096 is determined by the grant of consent subject to the conditions at Annexure 'A' to this judgment; (4) the exhibits are returned, except exhibits A, B, C and 1. Catchwords: DEVELOPMENT APPLICATION – subdivision of land – whether Applicant's Preliminary Site Investigation report is acceptable – whether deferred commencement condition should be imposed Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 4.15, 4,16, 8.7(1) Environmental Planning and Assessment Regulation 2000, cll 55, 77, 161 Land and Environment Court Act 1979, s 34 Parkes Local Environmental Plan 2012, cll 2.3, 2.6, 4.1, 6.7 State Environmental Planning Policy No 55 -Remediation of Land, cl 7 Cases Cited: 215-231 Kinsgrove Road Pty Ltd v Hurstville City Council [2009] NSWLEC 1236 Leice Pty Ltd v City of Canada Bay Council [2021] NSWLEC 1627 SHMH Properties Australia Pty Ltd v City of Sydney Council [2018] NSWLEC 66 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Zaki v Ku-ring-gai Council [2019] NSWLEC 1614 Texts Cited: Land and Environment Court of NSW, COVID-19 Pandemic Arrangements Policy, (April 2021) NSW Department of Urban Affairs and Planning and NSW Environment Protection Authority, Managing Contaminated Land: Planning Guidelines SEPP 55–Remediation of Land, 1998 NSW Department of Urban Affairs and Planning, Crime prevention and the assessment of development applications: Guidelines under section 79C of the Environmental Planning and Assessment Act 1979, 2001 NSW Environment Protection Authority, Consultants Reporting on Contaminated Land: Contaminated Land Guidelines, (April 2020) Category: Principal judgment Parties: South Coast Retirement Unit Company Pty Ltd (Applicant) Parkes Shire Council (Respondent) Representation: Counsel: A Stafford (Applicant) T Bush (Solicitor) (Respondent)