Muscat Developments Pty Ltd v Wollondilly Shire Council [2022] NSWLEC 1663

Land and Environment Court New South Wales

Medium Neutral Citation: Muscat Developments Pty Ltd v Wollondilly Shire Council [2022] NSWLEC 1663 Hearing dates: 17-19 October 2022 Date of orders: 01 December 2022 Decision date: 01 December 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The Applicant is granted leave to amend the application to rely on the documents listed under condition B(2) of the conditions of consent at Annexure A. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application, as agreed or assessed, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The appeal is upheld. (4) Development Application No. 2022/465/1 for a new equestrian centre and the use of various road works, at 115 Mount View Close, Razorback, is determined by the grant of consent, subject to the conditions of consent at Annexure A. (5) The exhibits, other than 1, A, C and E, are returned. Catchwords: DEVELOPMENT APPLICATION – equestrian centre and associated works and use of roads – contamination – excavation and earthworks – scale of the development Legislation Cited: Contaminated Land Management Act 1997 s 60 Environmental Planning and Assessment Act 1979 ss 4.46, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021 cl 37 Protection of the Environment Operations Act 1997 s 144AB State Environmental Planning Policy (Resilience and Hazards) 2021 cl 4.6 Wollondilly Local Environmental Plan 2011cll 1.3, 7.5 Cases Cited: Muscat Developments Pty Ltd v Wollondilly Shire Council [2021] NSWLEC 1738 Muscat Developments Pty Ltd trading as Muscat Developments v Wollondilly Shire Council [2021] NSWLEC 1758 Friends of Pryor Park Incorporated v Ryde Council [1995] NSWLEC 160 Texts Cited: Building Code of Australia Wollondilly Development Control Plan 2016 Category: Principal judgment Parties: Muscat Developments Pty Ltd (Applicant) Wollondilly Shire Council (Respondent) Representation: Counsel: A Galasso SC with J Smith (Applicant) M Astill (Respondent)