NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Warnes v Muswellbrook Shire Council [2010] NSWLEC 19
APPELLANT PARTIES : Garry Warnes RESPONDENT Muswellbrook Shire Council
FILE NUMBER(S) : 10680 of 2009
CORAM: Pain J
KEY ISSUES: APPEAL :- whether commissioner erred in law in interpretation of LEP - meaning of "require" in LEP - does "require" mean "necessity" - no error of law found
Freedom of Information Act 1982 (Vic) LEGISLATION CITED: Interpretation Act 1987 s 33 Land and Environment Court Act 1979 s 56A Muswellbrook Local Environmental Plan 1985 cl 8, cl 18
Department of Premier and Cabinet v Hulls [1999] 3 VR 331 CASES CITED: Sutherland Shire Council v Telope Pty Ltd (1994) 85 LGERA 103 Warnes v Muswellbrook Shire Council [2009] NSWLEC 1284
DATES OF HEARING: 1 February 2010
EX TEMPORE JUDGMENT DATE : 1 February 2010
APPELLANT Mr P Clay SOLICITOR LEGAL REPRESENTATIVES: Thompson Norrie RESPONDENT Mr T Robertson SC SOLICITOR Sparke Helmore
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Pain J
1 February 2010
10680 of 2009 Warnes v Muswellbrook Shire Council
EX TEMPORE JUDGMENT 1 Her Honour: This is a s 56A appeal under the Land and Environment Court Act 1979 (the Court Act) against a decision of the Senior Commissioner in Warnes v Muswellbrook Shire Council [2009] NSWLEC 1284 in matter no 08/11287 handed down on 26 August 2009. The Senior Commissioner held that the Appellant's s 97 appeal against the refusal of development consent by Muswellbrook Shire Council (the Council) should be dismissed as the proposed accommodation for construction workers near Muswellbrook did not comply with objective (b) of the (Urban Buffer) Zone (the L2 zone) in the Muswellbrook Local Environmental Plan 1985 (the LEP). That zone is an environmental protection urban buffer zone along the southern and eastern sides of Muswellbrook. The construction workers are to build coal mine infrastructure in the Upper Hunter Valley. Fourteen buildings to house 400 workers were proposed.
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