Adrem Nominees Pty Limited v Auburn City Council [2012] NSWLEC 1043

Land and Environment Court New South Wales

Medium Neutral Citation: Adrem Nominees Pty Limited v Auburn City Council [2012] NSWLEC 1043 Hearing dates: 14 February 2012 Decision date: 28 February 2012 Jurisdiction: Class 1 Before: Hussey C Decision: Appeal upheld, conditional consent granted Catchwords: Development application: Easement creation in riparian zone, conditions on storage of building materials on a public road Legislation Cited: Environmental Planning and Assessment Act 1979 Auburn Local Environmental Plan 2010 Auburn Development Control Plan 2010 Cases Cited: Cavasinni Constructions Pty Ltd v Fairfield City Council [2010] NSWLEC 65 Botany Bay Council v Saab Corporation Pty Ltd [2011] NSWCA 308 Category: Principal judgment Parties: Adrem Nominees Pty Limited (Applicant)

Auburn City Council (Respondent) Representation: Mr D Briggs (Applicant)

Mr A Hudson (Respondent) DG Briggs and Associates (Applicant)

Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 10851 of 2011

Judgment

Background 1This appeal is against council's refusal of a development application for alterations and additions to an existing industrial development, including the construction of 5 new buildings and associated works at 305 and 305A Parramatta Road, Auburn. 2For the appeal, the council initially identified a number of contention including: Site contamination risks * Flooding risks * Section 94 contribution * Easement creation. 3However, following the lodgement of additional information, the only issues contested concern the creation of a proposed 5m wide easement along the northern boundary of the property, adjacent Duck River. Also, the conditions restricting the temporary placement of building materials on the roadway.