Association for Better Living and Education Inc. v Wyong Shire Council (No. 3) [2015] NSWLEC 1483

Land and Environment Court New South Wales

Medium Neutral Citation: Association for Better Living and Education Inc. v Wyong Shire Council (No. 3) [2015] NSWLEC 1483 Hearing dates: 22,23,24,25 September 2015 Date of orders: 24 November 2015 Decision date: 24 November 2015 Jurisdiction: Class 1 Before: Brown ASC Decision: 1. The appeal is dismissed. 2. DA/781/2013 for the use of the existing buildings for a drug and alcohol rehabilitation facility at 36 Rose Hill Lane Yarramalong is refused. 3. The exhibits are returned with the exception of exhibit H. Catchwords: DEVELOPMENT APPLICATION: use of the existing buildings for a drug and alcohol rehabilitation facility –flooding – bushfire - potable water – access - inconsistency with zone objectives - adequacy of the existing buildings - social impacts, including impacts on local residents Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulations 2000 Local Government Act 1993 State Environmental Planning Policy (Affordable Rental Housing) 2009 Rural Fires Act 1997 Water Management Act 2000 Wyong Local Environmental Plan 1991 Wyong Local Environmental Plan 2013 Cases Cited: Association for Better Living and Education Inc. v Wyong Shire Council [2014] NSWLEC 1239 Association for Better Living and Education v Yarra Ranges Shire Council (VCAT Ref No P758/2014, 5 February 2015), New Century Developments Pty Limited v Baulkham Hills Shire Council [2003] NSWLEC 154 Renaldo Plus 3 Pty Limited v Hurstville City Council [2005] NSWLEC 315 Category: Principal judgment Parties: Association for Better Living and Education Inc. (Applicant) Wyong Shire Council (Respondent) Representation: Counsel: Mr A Pickles SC (Applicant) Mr I Hemmings SC (Respondent)