Glenbernie Orchard v Wollongong City Council [2007] NSWLEC 175

Land and Environment Court of New South Wales

CITATION : Glenbernie Orchard v Wollongong City Council [2007] NSWLEC 175

APPLICANT Glenbernie Orchard Pty Limited PARTIES : RESPONDENT Wollongong City Councill

FILE NUMBER(S) : 10640 of 2006

CORAM: Brown C

KEY ISSUES: Appeal :- s 121B Order - vegetation clearing

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 2/04/07

EX TEMPORE JUDGMENT DATE : 2 April 2007

APPLICANT Mr M Bonnano, solicitor SOLICITORS Turner Freeman LEGAL REPRESENTATIVES: RESPONDENT Mr M Mantei, solicitor SOLICITORS Kells The Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

2 April 2007

10640 of 2006 Glenbernie Orchard Pty Limited v Wollongong City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against an Order dated 23 June 2006 issued by Wollongong City Council (the council) under s121B of the Environmental Planning and Assessment Act 1979 in relation to vegetation clearing on Lot 86 in DP 752054, Darkes Forest Road, Darkes Forest (the site).

2 The proceedings were heard as an On Site Hearing on 2 April 2007 and the judgement reflects the contents of the Statement of Basic Facts and the findings given on-site.

3 Improvements on site include an amenities building and car park used in conjunction with the previous underground mining operations. This use ceased approximately 15 years ago. The applicant has owned the site for approximately three years.