NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Kennedy v Stockland Development Pty Ltd and Anor [2010] NSWLEC 250
APPLICANT Roy Kennedy PARTIES : FIRST RESPONDENT Stockland Development Pty Ltd SECOND RESPONDENT Minister for Planning
FILE NUMBER(S) : 40880 of 2010
CORAM: Pain J
KEY ISSUES: INTERLOCUTORY RELIEF :- whether interlocutory orders restraining excavation and vegetation clearing ought be made - whether serious question to be tried
Contaminated Land Management Act 1997 LEGISLATION CITED: National Parks and Wildlife Act 1974 s 86 Protection of the Environment Operations Act 1997 s 116 SEPP (Major Development) Amendment (Sandon Point) 2009
CASES CITED: Castlemaine Tooheys v State of South Australia [1986] HCA 58; (1986) 67 ALR 553 at 557
DATES OF HEARING: 26 November 2010 29 November 2010
DATE OF JUDGMENT: 30 November 2010
APPLICANT Mr A Oshlack (agent)
FIRST RESPONDENT LEGAL REPRESENTATIVES: Mr H El-Hage SOLICITOR Herbert Geer
SECOND RESPONDENT Submitting appearance
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Pain J
30 November 2010
40880 of 2010 Kennedy v Stockland Development Pty Ltd and the Minister for Planning
JUDGMENT 1 Her Honour: The Applicant seeks urgent interlocutory injunction orders restraining the First Respondent in relation to work on a large residential subdivision at Sandon Point near Wollongong (the site). The First Respondent was granted development consent subject to conditions by the Minister for Planning as a major project under State Environmental Planning Policy (SEPP) (Major Development) Amendment (Sandon Point) 2009 on 29 November 2009. The orders sought are: 1. The Applicant moves for an urgent interlocutory order to restrain the First Respondent it's [sic] employees, servants and contractors from undertaking any activity involving vegetation clearing, disturbance to soil, earthworks or movement of any item of Aboriginal heritage in the Riparian Zones of Woodlands and Hewitts Creeks as described in the map adopted for the State Environmental Planning Policy (Major Development) Amendment (Sandon Point) 2009 until further order. 2. An urgent order restraining the First Respondent it's [sic] employees, servants and contractors from undertaking any activity to remove any remaining vegetation within the development footprint until further order. 3. Any further order or direction the Court deems appropriate. 4. Costs of the Motion.
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