Site Plus Pty Limited v Wollongong City Council and anor [2011] NSWLEC 1371

Land and Environment Court New South Wales

Medium Neutral Citation: Site Plus Pty Limited v Wollongong City Council and anor [2011] NSWLEC 1371 Hearing dates: 7, 8, 9, 10 November 2011 Decision date: 14 November 2011 Jurisdiction: Class 1 Before: Brown ASC Decision: 1. The appeal is dismissed. 2. Development Application 2009/1636 to use part of an existing quarry for a resource recovery facility at 133-141 Five Islands Road, Cringila is refused. 3. The exhibits are returned with the exception of exhibits 2 and 101. Catchwords: DEVELOPMENT APPLICATION - use of part of a disused quarry for a resource recovery facility - permissibility of the proposed development - the shared use of the site with the council - inadequate response to the requirements of the Director-General - contrary to the zone objectives - inadequate traffic access - proximity of the proposed development to a school and residential properties Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Act Regulation 2000 State Environmental Planning Policy (Major Development) 2005 Wollongong Local Environmental Plan 1990 Wollongong Local Environmental Plan 2009 Cases Cited: Argyropoulos v Canterbury Municipal Council (1988) 66 LGRA 2002 Attorney-General (Commonwealth) v Oats (1999) 198 CLR 162 Chamwell Pty Limited v Strathfield Council (2007) 151 LGERA 400 Hillpalm v Tweed Shire Council [2002] NSWCA 332 Piper v Corrective Services Commission of New South Wales (1986) 6 NSWLR 352 Renaldo Plus 3 Pty Limited v Hurstville City Council (2005) NSW LEC 315 Category: Principal judgment Parties: Site Plus Pty Limited (Applicant) Wollongong City Council (First Respondent) Southern Region Joint Regional Planning Panel (Second Respondent) Representation: Mr P Tomasetti SC (Applicant) Mr R O'Gorman-Hughes, barrister (First Respondent) Mr P Clay SC (Second Respondent) Bahlmann Burke Lawyers (Applicant) Wollongong City Council (First Respondent) RMB Lawyers with Morton + Harris (Second Respondent) File Number(s): 10527 of 2011