NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Kluve v Kiama Municipal Council [2010] NSWLEC 1291
APPLICANT Ms R Kluve PARTIES : RESPONDENT Kiama Municipal Council
FILE NUMBER(S) : 10480 of 2010
CORAM: Fakes C
KEY ISSUES: CONSENT ORDERS :- mineral water bottling plant; water level monitoring requirements
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Kiama Local Environmental Plan 1996 Drinking Water Catchments Regional Environmental Plan
DATES OF HEARING: 26/10/10
DATE OF JUDGMENT: 28 October 2010
APPLICANT Mr P Tomasetti SC [barrister] SOLICITORS Bartier Perry LEGAL REPRESENTATIVES:
RESPONDENT Mr G Gleeson [solicitor] SOLICITORS RMB Lawyers
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Fakes C
28 October 2010
10480 of 2010 Kluve v Kiama Municipal Council JUDGMENT 1 COMMISSIONER: This is an appeal made under s97(1) of the Environmental Planning and Assessment Act 1979 (the EPA Act) against the refusal by Kiama Municipal Council (the council) to grant consent for Development application DA10.2007.379.1 for a 25 megalitre per annum mineral water bottling facility on Lot 28 DP751292 Knights Hill Road, Knights Hill (the site). 2 The proposal is an application for the extraction and bottling of mineral water from an aquifer located beneath the site. The proposal includes a bore, bottling shed, access road and parking facilities. The proposal is described as a 'rural industry'.
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