Dellara Pty Ltd v Minister for Planning and Penrith City Council [2012] NSWLEC 1186

Land and Environment Court New South Wales

Medium Neutral Citation: Dellara Pty Ltd v Minister for Planning and Penrith City Council [2012] NSWLEC 1186 Hearing dates: 3, 4, 5, 8 August 201123, 24, 27, 28 and 29 February 2012 Decision date: 13 July 2012 Jurisdiction: Class 1 Before: Tuor C and Johnson AC Decision: See paragraph 250 Catchwords: DEVELOPMENT APPLICATION - waste and resource management facility comprising a non-putrescible waste recycling facility, an ancillary waste emplacement, waste transfer station, continued shale/clay extraction and site rehabilitation. Whether the proposal will result in unacceptable land use conflicts and visual impacts. Whether the clay/shale resource extraction is optimised and can occur with the emplacement of waste. Community submissions and public interest, contribution to road works and conditions of approval Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Contaminated Land Management Act Protection of the Environment Operations Act State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy (Major Development) 2005 Sydney Regional Environmental Plan 9 - Extractive Industries Sydney Regional Environmental Plan 25 - Orchard Hills Penrith Local Environmental Plan 2010 Cases Cited: New Century Developments Pty Ltd v Baulkham Hills Shire Council (2003) 127 LGERA 303 Pittwater Council v Minister for Planning [2011] NSWLEC 162 Category: Principal judgment Parties: Dellara Pty Ltd (Applicant)