Thiess Services Pty Ltd v Wollongong City Council [2004] NSWLEC 681

Land and Environment Court of New South Wales

CITATION : Thiess Services Pty Ltd v Wollongong City Council [2004] NSWLEC 681 revised - 7/12/2004 APPLICANT Thiess Services Pty Ltd PARTIES : RESPONDENT Wollongong City Council FILE NUMBER(S) : 10972 of 2004 CORAM: Bly C - Brown C KEY ISSUES: Development Application :- Truck depot workshops and offices in association with the storage and maintenance of garbage trucks - noise and odour impacts on residential area

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Wollongong Local Environmental Plan 1990 Wollongong Development Control Plan No. 6 - Commercial and Industrial Development CASES CITED: DATES OF HEARING: 29/112004 - 30/11/2004 EX TEMPORE 12/01/2004 JUDGMENT DATE :

APPLICANT Mr C J Leggat, barrister instructed by Ms R Simmons, solicitor of Sparke Helmore

LEGAL REPRESENTATIVES: RESPONDENT Mr A Pickles, barrister instructed by Mr M Mantei, solicitor of Kells The Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C Brown C

1 December 2004

10972 of 2004 Thiess Services Pty Ltd v Wollongong City Council

JUDGMENT

COMMISSIONERS: 1 This is an appeal against the imposition of conditions on Development Application D885/03 approved by Wollongong City Council (the council) on 23 February 2004. The approval allows the use of the premises at 264 - 270 Nolan Street, Berkeley, (the site) as a truck depot, workshops and offices in association with the applicant's business of storage and maintenance of garbage trucks. The approval allows the storage of 45 trucks and the use of a workshop/spray booth for truck repair and large/skip bin repair. Conditions place restrictions on hours of operations for truck movements and workshop operation and impose other noise reduction measures. The appeal was lodged pursuant to s 97 of the Environmental Planing and Assessment Act 1979.