CWO Pty Ltd v Muswellbrook Shire Council [2024] NSWLEC 61

Land and Environment Court New South Wales

Medium Neutral Citation: CWO Pty Ltd v Muswellbrook Shire Council [2024] NSWLEC 61 Hearing dates: 5, 6, 7, 8 and 9 February 2024 Date of orders: 24 June 2024 Decision date: 24 June 2024 Jurisdiction: Class 1 Before: Duggan J Decision: See orders at [145]-[146] Catchwords: ENVIRONMENT AND PLANNING – Class 1 appeal – appeal against the deemed refusal of amended development application seeking change of use of land – suitability of site – s 4.15(1)(c) of the Environmental Planning and Assessment Act 1979 – risk to safety of users of site posed by Commonwealth explosive ordnance facility not sufficient for site to be deemed unsuitable – "likely impacts" of development – s 4.15(1)(b) of the EP&A Act – impact of site on Commonwealth facility not made out – application granted, subject to conditions Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) Environmental Planning and Assessment Act 1979 (NSW) State Emergency and Rescue Management Act 1989 (NSW) Environmental Planning and Assessment Regulation 2000 (NSW) Work Health and Safety Regulation 2011 (Cth) Work Health and Safety Regulation 2017 (NSW) Cases Cited: BGP Properties Pty Ltd v Lake Macquarie City Council (2004) 138 LGERA 237 Hoxton Park Residents Action Group Inc v Liverpool City Council (2011) 81 NSWLR 638 Stockland Development Pty Ltd v Manly Council (2004) 136 LGERA 254 Category: Principal judgment Parties: CWO Pty Ltd (Applicant) Muswellbrook Shire Council (First Respondent) Commonwealth of Australia (Second Respondent) Representation: Counsel: A Stafford (Applicant) A Pearman (day 1) and thereafter J Griffiths, solicitor (First Respondent) M Wright SC and D Robertson (Second Respondent)