NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Flowers v Wollondilly Shire Council [2012] NSWLEC 1340 Hearing dates: 3-4 December 2012 Decision date: 12 December 2012 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed 2. The development application for "the continued use of site for depot, excavations, retaining walls, and construction of a new farm shed and retaining walls" at 85 Eagles Road, Razorback, is refused. 3. The exhibits, except Exhibits 1 and F, may be returned. Catchwords: DEVELOPMENT APPLICATION: continued use of site for depot, excavations, retaining walls, and construction of a new farm shed and retaining walls. Whether development is permissible and the site is suitable due to contamination. Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 55 - Remediation of Land Sydney Regional Environmental Plan No 20 - Hawkesbury Nepean Wollondilly Local Environmental Plan 2011 Cases Cited: Chamwell v Strathfield Council [2007] NSW LEC 114 Lonergan v Byron Shire Council [2000] NSWLEC 21 Category: Principal judgment Parties: Lisa Flowers (Applicant)
Wollondilly Shire Council (Respondent) Representation: Mr M Mantei (Applicant)
Mr P Jackson (Respondent) Solicitors Planning Law Solutions (Applicant)
Pikes and Verekers (Respondent) File Number(s): 10416 of 2012
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