Mac Services Group v Mid-Western Regional Council [2014] NSWLEC 1072

Land and Environment Court New South Wales

Medium Neutral Citation: Mac Services Group v Mid-Western Regional Council [2014] NSWLEC 1072 Hearing dates: 30, 31 July 2013, 1 and 2 August and 6, 7, 8, 25, 26, 27, 28 November and 5 December 2013 Decision date: 29 April 2014 Jurisdiction: Class 1 Before: Dixon C Decision: 1 Appeal upheld. 2. Development application no DA 0217/2012 for the construction of a workers accommodation facility on land at 2 Black Lead Lane, Gulgong including the construction of 400 rooms, internal roads, landscaping, drainage works and associated amenities such as a convention centre, administration building, gazebos, laundries and indoor and outdoor recreational facilities is approved subject to the Council's conditions in Exhibit 34 as amended in accordance with [277]. 3.The Council is directed to file with the Court and serve upon the applicant a copy of the amended conditions of consent in an electronic form within 7 days. 4.The Exhibits will be returned after receipt of the amended conditions of consent apart from Exhibits 1 and A. Catchwords: Development appeal - workers accommodation facility to accommodate the FIFO/DIDO mining workforce - permissibility - the capacity of the town's sewerage and water services to accommodate the development - economic and social impacts of the development on the town Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy no 55 (Remediation of Land) State Environmental Planning Policy (State and Regional Development) 2011 State Environmental Planning Policy (Rural lands) 2008 State Environmental Planning Policy (Infrastructure) 2007 Mid-Western Regional Local Environmental Plan 2012 Mid-Western Regional Interim Local Environmental Plan 2008 Temporary Workers Accommodation Development Control Plan Water Management Act 2000 Local Government Act 1993 Cases Cited: Abret v Wingecarribee Shire Council [2011] NSWCA 107;(2011) 180 LGERA 343 Architects Haywood and Bakker v North Sydney Council [2000] NSWLEC 138 Blackmore Design Group Pty Ltd v North Sydney Council (2001) NSWLEC 279 Burwood Council v P D Mayoh Pty Ltd (1996) LGERA 268 Chamwell Pty Ltd v Strathfield Council [2007] NSWLEC 114 Egan v Hawkesbury City Council (1993) 79 LGERA 321 Gardner v Regina [2003] NSW CCA 199 Graincorp Operations Ltd v Liverpool Plains Shire Council [2013] NSWCA 171 Lean Lakenby and Heywood Liverpool Pty Limited v Baulkham Hills Shire Council [2003] NSWLEC 406 Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 Minister for Immigration and Multicultural and Indigenous Affairs v SZANS [2005] FCAFC 41 Valiant Timber and Hardware Company Pty Limited v Blacktown City Council [2005] NSWLEC 747; (2003) 144 LGERA 33 Category: Principal judgment Parties: Mac Services Group (Applicant)