So Natural Foods Australia Limited v Sutherland Shire Council [2001] NSWLEC 188

Land and Environment Court of New South Wales

CITATION : So Natural Foods Australia Limited v Sutherland Shire Council [2001] NSWLEC 188 APPLICANT: So Natural Foods Australia Limited PARTIES : RESPONDENT: Sutherland Shire Council FILE NUMBER(S) : 10967; 10868 of 2000 CORAM: Bignold J KEY ISSUES: Development Application :- Development appeal - acoustical impact - 24 hour manufacturing development on adjacent residential development - Mitigating conditions appropriately imposed LEGISLATION CITED: CASES CITED: DATES OF HEARING: 27/11/00-29/11/00, 4/12/00, 07/02/01, 02/05/01, 13/06/01 EX TEMPORE JUDGMENT DATE : 06/13/2001

APPLICANT: Mr M Craig QC SOLICITORS Cutler Hughes and Harris LEGAL REPRESENTATIVES: RESPONDENT: Mr N Newport, Barrister SOLICITORS Abbott Tout

JUDGMENT:

IN THE LAND AND Matter No. 10868 and 10967 of 2000 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 13 June 2001

SO NATURAL FOODS AUSTRALIA LTD

Applicant

v

SUTHERLAND SHIRE COUNCIL

Respondent

JUDGMENT

Bignold J:

1. I am satisfied that the three sets of related proceedings before the Court should be adjudicated upon, substantially in accordance with the short minutes that have been prepared on behalf of the Company So Natural Foods Australia Limited and handed up to Court today.

2. The circumstances in which those minutes came into existence should be briefly noted. The concurrent hearing of the two Class 1 and related Class 4 proceedings, commenced before me at the end of November last year and continued into December, and thereafter were completed early in the new term. In the course of the final address by Mr Newport, Counsel for the Council in the proceedings, I raised the possible outcome of the development and modification appeals and the Class 4 related proceedings by way of, in effect, approvals being granted, both to the modification application and to the fresh development application for an initial period of two years, which would operate as a trial period, within which the Company would be required to carefully monitor performance, especially in terms of acoustical impacts generated from its development as it impacts upon the adjacent residential areas with a view to the consents maturing into permanent approvals subject to satisfactory compliance and monitoring. With the parties' concurrence, I adjourned the proceedings at that point to enable the parties to explore the feasibility, and otherwise acceptability of the scheme for solution along the lines that fell from me in the course of the addresses.