Warnes v Muswellbrook Shire Council [2009] NSWLEC 1284

Land and Environment Court of New South Wales

CITATION : Warnes v Muswellbrook Shire Council [2009] NSWLEC 1284 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT G Warnes PARTIES : RESPONDENT Muswellbrook Shire Council

FILE NUMBER(S) : 11287 of 2008

CORAM: Moore SC

CONSTRUCTION AND INTERPRETATION - DEVELOPMENT APPLICATION :- KEY ISSUES: Characterisation of development Consistency with zone objectives

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Protection of the Environment Operations Act 1997 Muswellbrook Local Environmental Plan 1985 Muswellbrook Local Environmental Plan 2009

CASES CITED: Moore v Corowa Council [2009] NSWLEC 59 Jambrecina v Blacktown City Council [2009] NSWCA 228

DATES OF HEARING: 23, 24 and 25 June and 23 July 2009

DATE OF JUDGMENT: 26 August 2009

APPLICANT Mr P Clay, barrister INSTRUCTED BY LEGAL REPRESENTATIVES: Thompson Norrie

RESPONDENT Mr A McKelvey, solicitor Sparke Helmore Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC

26 August 2009

08/11287 G Warnes v Muswellbrook Shire Council

JUDGMENT

Introduction 1 SENIOR COMMISSIONER: Muswellbrook, a medium-sized town in the Hunter Valley, has a number of existing or proposed coal mines in its general vicinity. These mines, particularly in their commissioning stages (but also as they expand), require significant construction workforces. These workers coming to the region for such purposes require stable but nonetheless temporary accommodation. The applicant seeks approval to construct a facility on the south-western outskirts of Muswellbrook to meet this demand for construction workers' accommodation.