James Godfrey v Wollondilly Shire Council (No 2) [2007] NSWLEC 280

Land and Environment Court of New South Wales

CITATION : James Godfrey v Wollondilly Shire Council (No 2) [2007] NSWLEC 280

APPLICANT James Godfrey PARTIES : RESPONDENT Wollondilly Shire Council

FILE NUMBER(S) : 10865 of 2006

CORAM: Jagot J

KEY ISSUES: Appeal :- resolution of outstanding issues - development consent granted - costs - whether fair and reasonable for applicant to pay part of Council's costs - development application insufficiently clear and not accompanied by adequate information - applicant ordered to pay part of Council's costs

LEGISLATION CITED: Land and Environment Court Act 1979 s 69 Land and Environment Court Rules 1996 Pt 16 r 4

DATES OF HEARING: 16/5/07

DATE OF JUDGMENT: 24 May 2007

APPLICANT Mr P Clay SOLICITORS Moloney Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr M Wright SOLICITORS Marsdens Law Group

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Jagot J

24 May 2007

10865 of 2006

JAMES GODFREY Applicant

WOLLONDILLY SHIRE COUNCIL Respondent

JUDGMENT Jagot J:

1 I delivered principal reasons in respect of this appeal on 30 January 2007. As contemplated by my reasons, the applicant submitted a further report of Mr Morse with respect to dust suppression specifying a maintenance regime for all stockpiles and a further report of Mr Haskew with respect to internal traffic arrangements. The applicant also submitted a draft operational management plan and final site development plan. The parties, with the benefit of those documents, submitted agreed conditions of development consent.