Land and Environment Court of New South Wales CITATION : Rosecorp v Canada Bay [2005] NSWLEC 218 Applicant: Rosecorp Management Services Pty Ltd PARTIES : Respondent: Canada Bay City Council FILE NUMBER(S) : 10138 and; 10139 of 2005 CORAM: Roseth SC KEY ISSUES: Contaminated Land :- DATES OF HEARING: 03/05/2005 EX TEMPORE JUDGMENT DATE : 05/03/2005 Applicant: Ms S Duggan, barrister LEGAL REPRESENTATIVES: Respondent: Ms I Ferguson, solicitor JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES Roseth SC 3 May 2005 10138 of 2005 and 10139 of 2005 Rosecorp Management Services Pty Ltd v Canada Bay City council JUDGMENT The consequence of the Court's decision in this appeal is the grant of development consent subject to detailed conditions. The conditions are not reproduced as part of this decision but are available for inspection at the Council. A copy the Court's Orders and conditions may be obtained from the Court's registry on payment of a fee. For details of the fee payable and process for obtaining a copy of the Orders and conditions see the Court's web site at http://www.lawlink.nsw.gov.au/lec/ 1 Senior Commissioner: The dispute between the parties in these appeals related the breach of a condition of consent that required that construction does not occur below a certain RL on a contaminated part of the site. The applicant has constructed piles that breach the condition. At a case management meeting, however, the parties reached an agreement on a system of monitoring that satisfied both parties. Since the parties had agreed, the matter did not need to proceed to a hearing. The Court agreed that the parties had found a reasonable solution to the dispute and acceded to the request for consent orders. Orders For Appeal No 10138 of 2005 1. The appeal is upheld. 2. The section 96 application dated 5 July 2004 to amend development consent No 318/2002 dated 25 March 2003 be approved subject to the conditions in Annexure A. For Appeal No 10139: of 2005 1. The appeal is upheld. 2. The section 96 application dated 5 July 2004 to amend development consent No 317/2002 dated 25 March 2003 be approved subject to the conditions in Annexure A. _______________________ John Roseth Senior Commissioner DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.