Windang Kruger Resorts Pty Ltd ATF Windang Kruger Resorts Unit Trust v Wollongong City Council (No 2) [2023] NSWLEC 1339

Land and Environment Court New South Wales

Medium Neutral Citation: Windang Kruger Resorts Pty Ltd ATF Windang Kruger Resorts Unit Trust v Wollongong City Council (No 2) [2023] NSWLEC 1339 Hearing dates: 15 May 2023 Date of orders: 04 July 2023 Decision date: 04 July 2023 Jurisdiction: Class 1 Before: Walsh C Decision: In Proceedings 2021/360822: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application No. DA-2021/564 for earthworks involving the emplacement of fill and site remediation at Lot 501 DP 809609, Kruger Avenue Windang, subject to the conditions of consent at Annexure A. (3) The exhibits are returned with the exception of the following exhibits which are retained: Ex 1, 2, 6, 14, A, B, C, D, E, F, G, L, M, N, O and P. In Proceedings 2021/360845: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application No. DA-2021/565 for earthworks involving the emplacement of fill and site remediation at Lot 429 DP 809614, Kruger Avenue Windang, subject to the conditions of consent at Annexure B. (3) The exhibits are returned with the exception of the following exhibits which are retained: Ex 1, 2, 6, 14, A, B, C, D, E, F, G, L, M, N, O and P. Catchwords: DEVELOPMENT APPLICATION – finalising conditions of consent following directions in primary judgement – groundwater contamination mitigation details – permeable reactive barrier – numerous disputed conditions Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.17 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 4.9, 4.10, 4.14 Texts Cited: Department of Environment and Conservation NSW, Guidelines for the Assessment and Management of Groundwater Contamination, 2007 Category: Principal judgment Parties: Windang Kruger Resorts Pty Ltd ATF Windang Kruger Resorts Unit Trust (Applicant) Wollongong City Council (Respondent) Representation: Counsel: T To (Applicant) J Reilly (Solicitor) (Respondent)