GrainCorp Operations Ltd v Liverpool Plains Shire Council [2013] NSWCA 171

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: GrainCorp Operations Ltd v Liverpool Plains Shire Council [2013] NSWCA 171 Hearing dates: 1 May 2013 Decision date: 14 June 2013 Before: Beazley P at [1] Ward JA at [2] Sackville AJA at [126] Decision: 1. Appeal allowed. 2. Set aside the decision and orders of Lloyd AJ made on 28 July 2012 and, in lieu, declare that the development consent granted by the Northern Joint Regional Planning Panel for the Liverpool Plains Shire Council to The MAC Services Group Ltd on 17 November 2011 for a Workforce Accommodation Facility is invalid and of no effect. 3. Order The Mac Services Group Ltd to pay the costs of the appellant in this Court and in the Court below. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ENVIRONMENT AND PLANNING - characterisation of development in development application - construction of local environment plan - whether fly-in-fly-out temporary accommodation for migratory workers is classifiable as "residential buildings (other than dwelling-houses and units for aged persons)" Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Model Provisions 1980 Evidence Act 1995 Interpretation Act 1987 Land and Environment Court Act 1979 Parry Local Environmental Plan 1987 State Regional Planning Policy (Major Development) 2005 Cases Cited: Abret v Wingecarribee Shire Council [2011] NSWCA 107; (2011) 180 LGERA 343 Attorney General v Coote [1817] 146 ER 433 Berry v Wollongong Council [2008] NSWLEC 210 CB Investments Pty Ltd v Colo Shire Council (1980) 41 LGRA 270 Chamwell Pty Ltd v Strathfield Municipal Council [2007] NSWLEC 114; (2007) 151 LGERA 400 Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 Cranbrook School v Woollahra Municipal Council [2006] NSWCA 155; (2006) 66 NSWLR 379 Derring Lane Pty Ltd v Port Phillip City Council (No 2) [1999] VSC 269 108 LGERA 129 Egan v Hawkesbury City Council (1993) 79 LGERA 321 Hafta v Director-General of Social Security (1985) 6 FCR 444 at 449 House of Peace Pty Ltd Bankstown City Council [2000] NSWCA 44; (2000) 48 NSWLR 498 Minister v SZJGV [2009] HCA 40, 238 CLR 642 Newcastle City Council v Royal Newcastle Hospital (1957) 96 CLR 493 North Sydney Municipal Council v Sydney Serviced Apartments Pty Ltd (1990) 21 NSWLR 532 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Residents Against Improper Development Inc v Chase Property Investments Pty Ltd [2006] NSWCA 323; (2006) 149 LGERA 360 Royal Agricultural Society NSW v Sydney City Council (1987) 61 LGRA 305 Shire of Perth v O'Keefe (1964) 110 CLR 529 State Chamber of Commerce and Industry v Commonwealth [1987] HCA 38; (1987) 163 CLR 329 Stoke on Trent Borough Council v Cheshire County Council [1915] 3 KB 699 Warehouse Group (Australia) Pty Ltd v Woolworths Ltd [2005] NSWCA 269; 141 LGERA 376 Woolworths Ltd v Pallas Newco Pty Limited [2004] NSWCA 422; (2004) 61 NSWLR 707 Texts Cited: Longer Oxford Dictionary (2nd Edition, including the Oxford English Dictionary Additions Series (Volumes 1-3)) Macquarie Dictionary (Online Edition) The Macquarie Dictionary (Revised 3rd Edition) Oxford Dictionary of English (3rd Edition) Category: Principal judgment Parties: GrainCorp Operations Ltd (Appellant) Liverpool Plains Shire Council (First Respondent)(Submitting Appearance) The Mac Services Group (Second Respondent) Northern Joint Regional Planning Panel (Third Respondent)(Submitting Appearance) Representation: Counsel: Ms S Duggan SC with M Seymour (Appellant) A Galasso SC with Ms A Hemmings (Second Respondent) Solicitors: Mills Oakley Lawyers (Appellant) Everingham Solomons Solicitors (First Respondent) Corrs Chambers Westgarth (Second Respondent) Department of Planning & Infrastructure (Third Respondent) File Number(s): 12/228147 Decision under appeal Citation: GrainCorp Operations Limited v Liverpool Plains Shire Council [2012] NSWLEC 143 Date of Decision: 2012-06-28 00:00:00 Before: Lloyd AJ File Number(s): 11/41214