Ironlaw Pty Limited v Wollondilly Shire Council (No 3) [2014] NSWLEC 1057

Land and Environment Court New South Wales

Medium Neutral Citation: Ironlaw Pty Limited v Wollondilly Shire Council (No 3) [2014] NSWLEC 1057 Hearing dates: 17, 18, 19, 25 February and 6 March 2014 Decision date: 02 April 2014 Jurisdiction: Class 1 Before: Dixon C Adam AC Decision: (1)The parties are directed to file conditions of consent that reflect the Court's reasons for judgment within 14 days. (2)In the event that the parties are unable to reach agreement in respect of the conditions of consent (in accordance with order 1) they have leave to approach the Registry for the purpose of having the matter relisted before the Court. Catchwords: DEVELOPMENT APPLICATION - for a waste transfer facility on rural land - traffic and amenity impacts - weight to be given to zone objectives where the development is prohibited under the relevant LEP but permissible under the SEPP (Infrastructure) 2007 Legislation Cited: Waste Avoidance and Resource Recovery Act 2001 (NSW) Environment Protection and Biodiversity Conservation Act 1999 (Cth) Threatened Species Conservation Act 1995 (NSW) Environmental Planning and Assessment Act 1979 (NSW) State Environmental Planning Policy (Infrastructure) 2007 Wollondilly Local Environmental Plan 2011 Cases Cited: Australian Lifestyle Corporation Pty Ltd v Wingecarribee Shire Council [2008] NSWLEC 284 Hastings Point Progress Inc v Tweed Shire Council (2009) NSWCA 285 Ironlaw Pty Ltd v Wollondilly Shire Council (No 2) [2013] NSWLEC 146 Newcastle and Hunter Valley Speleologists Society Inc v Upper Hunter Shire Council and Stoneco Pty Ltd [2010] NSWLEC 48 Texts Cited: NSW Department of Environment and Conservation Handbook for the Design and Operation of Rural and Regional Transfer Stations Category: Principal judgment Parties: Ironlaw Pty Limited (Applicant)