Extreme Enterprises Australia Pty Ltd v Blayney Shire Council [2023] NSWLEC 1196

Land and Environment Court New South Wales

Medium Neutral Citation: Extreme Enterprises Australia Pty Ltd v Blayney Shire Council [2023] NSWLEC 1196 Hearing dates: 23 February 2023 Date of orders: 26 April 2023 Decision date: 26 April 2023 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The appeal is dismissed; (2) Development Application DA119/2017, seeking consent for construction of a dwelling house with rainwater tank and on-site effluent disposal; is determined by way of refusal; (3) The exhibits are returned, with the exception of Exhibits A and 1. Catchwords: DEVELOPMENT APPLICATION – construction of a dwelling – proposed on-site effluent disposal – whether proposed on-site effluent disposal is acceptable – whether proposed stormwater drainage is acceptable - whether site has suitable vehicle access – site subject to planning proposal to amend minimum lot size in relation to dwelling permissibility Legislation Cited: Blayney Local Environmental Plan 2012, cll 2.3, 6.2, 6.8 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 77 Texts Cited: Blayney Development Control Plan 2018 Health Protection Guidelines – On-Site Sewage Management for Single Households, January 1998 NSW Department of Health et al., Environment & Standards Australia and Standards New Zealand, Australian/New Zealand Standard AS/NZ 1547 – On-site domestic wastewater management, May 2000 WBC Strategic Alliance, Guidelines for Engineering Works, August 2009 Category: Principal judgment Parties: Extreme Enterprises Australia Pty Ltd (Applicant) Blayney Shire Council (Respondent) Representation: Counsel: J O'Leary (Agent) (Applicant) T Ward (Solicitor) (Respondent)