Trustees of the Christian Brothers v Waverley Council [2004] NSWLEC 210

Land and Environment Court of New South Wales

CITATION : Trustees of the Christian Brothers v Waverley Council [2004] NSWLEC 210 APPLICANT Turstees of the Christian Brothers PARTIES : RESPONDENT Waverley Council FILE NUMBER(S) : 10108 of 2003 CORAM: Murrell C KEY ISSUES: Appeal :- Appeal against s290 Order -impact on amenity of residential area in vicinity of school swimming pool.

LEGISLATION CITED: Protection of the Environmental Operations Act 1997 CASES CITED: DATES OF HEARING: 12/11/2003 and 09/02/2004 EX TEMPORE 02/09/2004 JUDGMENT DATE :

APPLICANT Mr C Leggat, barrister SOLICITOR Carroll & O'Dea

LEGAL REPRESENTATIVES: RESPONDENT Mr J Atkin, barrister SOLCITOR M E McMahon & Associates

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10108 of 2003

Murrell C

9 February 2004

Trustees of The Christian Brothers Applicant

v

Waverley Council Respondent

Judgment

1. This is a verbal judgment for an appeal under s 290 of the Protection of the Environment Operations Act 1997. Section 290 of that Act provides that, "any person given a noise notice, or, against whom a noise abatement order is made, may appeal to the Land and Environment Court against the notice or order within 21 days." Section 292 provides that in the determination of appeals, "a court to which an appeal is made under this Act may hear and determine the appeal," and subcl (2), "the decision of the court on an appeal under this Act is final and binding on the appellant and the person or body whose decision or notice is the subject of the appeal."