Waluya Pty Ltd v Minister for Planning and Public Spaces [2025] NSWLEC 1062

Land and Environment Court New South Wales

Medium Neutral Citation: Waluya Pty Ltd v Minister for Planning and Public Spaces [2025] NSWLEC 1062 Hearing dates: 7-8 November 2024 Date of orders: 6 February 2025 Decision date: 06 February 2025 Jurisdiction: Class 1 Before: Horton C Decision: The Court directs that: (1) Within 14 days, Waluya is to file and serve documents to describe the signage proposed, pursuant to Chapter 3 of State Environmental Planning Policy (Industry and Employment) 2021. (2) Within 21 days, a joint expert report prepared by the traffic experts on any aspect of traffic operation arising from the proposed signage is to be filed with the Court. Catchwords: DEVELOPMENT APPLICATION: whether bus depot is permissible in B6 Enterprise Corridor Zone – whether inconsistency – whether capable of sensible operation – traffic generating development Legislation Cited: Environmental Planning and Assessment Act 1979, ss 3.28, 4.16, 8.7 Interpretation Act 1987, ss 30A, 35 Land and Environment Court Act 1979, s 22 State Environmental Planning Policy (Gosford City Centre) 2018 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy (Industry and Employment) 2021, Ch 3, ss 3.1, 3.6, Sch 5 State Environmental Planning Policy (Precincts – Regional) 2021, Ch 5, Part 5.3, 5.5, ss 5.4, 5.9, 5.13, 5.28 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 2, ss 2.1, 2.7, 2.108, 2.112, 2.122 Cases Cited: Botany Bay City Council v Pet Carriers International Pty Ltd (2013) 201 LGERA 116; [2013] NSWLEC 147 Hastings Point Progress Association Inc v Tweed Shire Council (2009) 168 LGERA 99; [2009] NSWCA 285 Saraswati v The Queen (1991) 172 CLR 21; [1991] HCA 21 Universal Property Group Pty Ltd v Blacktown City Council [2019] NSWLEC 179 Texts Cited: Blackshield T and Williams G, Australian Constitutional Law and Theory (Federation Press, 4th ed, 2006), Category: Principal judgment Parties: Waluya Pty Ltd (Applicant) Minister for Planning and Public Spaces Representation: Counsel: A Pickles SC (Applicant) F Berglund (Respondent)