Wallarah Minerals Pty Ltd v Mulwaree Shire Council [2000] NSWLEC 238

Land and Environment Court of New South Wales

CITATION : Wallarah Minerals Pty Ltd v Mulwaree Shire Council [2000] NSWLEC 238 APPLICANT: Wallarah Minerals Pty Ltd PARTIES : RESPONDENT: Mulwaree Shire Council FILE NUMBER(S) : 10374 of 2000 CORAM: Talbot J KEY ISSUES: Development :- contaminated land - development standard - effect of prohibitive condition in earlier consent - ordinary meaning of mining and extractive industries LEGISLATION CITED: State Environmental Planning Policy No. 1 State Environmental Planning Policy No. 55 CASES CITED: Dixson v Wingecarribee Shire Council (1999) 103 LGERA 103; Pancho Properties Pty Ltd v Wingecarribee Shire Council [1999] NSWLEC 245 DATES OF HEARING: 26/10/2000, 27/10/2000 DATE OF JUDGMENT: 11/09/2000

APPLICANT: Mr I M Cheetham

SOLICITORS: Johnson & Sendall LEGAL REPRESENTATIVES: RESPONDENT: Mr C R Ireland

SOLICITORS: Blake Dawson Waldron

JUDGMENT:

IN THE LAND AND Matter No. 10374 of 2000 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 9 November, 2000

Wallarah Minerals Pty Ltd Applicant v Mulwaree Shire Council Respondent

REASONS FOR JUDGMENT

1. Notwithstanding a recommendation by its Director of Environmental Services that a proposal to construct a dwelling house on the applicant's land comprising 8 hectares at Lot 2 DP 806625 Jerrara Road, Marulan be approved, the respondent council determined the application by the refusal of consent on 8 April 1999. The only reasons stated as grounds for refusal in the Notice of Determination were the circumstances of the case and the public interest.