Waldrip v Lake Macquarie City Council and Johnson Property Group Pty Ltd [2016] NSWLEC 1365

Land and Environment Court New South Wales

Medium Neutral Citation: Waldrip v Lake Macquarie City Council and Johnson Property Group Pty Ltd [2016] NSWLEC 1365 Hearing dates: 14 - 18 March 2016. Further submissions and conditions filed on or before 22 April 2016. Judgment and Directions on 31 May 2016. Further plans and filed on 15 June and 18 July 2016. Further submissions and conditions filed between 1 July and 22 August 2016. Date of orders: 30 August 2016 Decision date: 30 August 2016 Jurisdiction: Class 1 Before: Tuor C and Speers AC Decision: 1. The appeal against the First Respondent's approval of the development application (DA/714/2014) is dismissed. 2. The development application (DA/714/2014) for a utility installation, being a water recycling facility for the treatment of sewage, at 615-617 Freemans Drive (Lot 12 DP 1158508, Lot 212 DP 1037011), Cooranbong, is approved in accordance with the plans filed by the Second Respondent on 18 July 2016 and subject to the Conditions in Annexure A. 3. The exhibits, except Exhibits 4, R2.1 and J, are returned. Catchwords: DEVELOPMENT APPLICATION: Water recycling facility. Compliance with Judgment and Directions. Conditions of consent. Legislation Cited: Environmental Planning and Assessment Act 1979 Waste Industry Competition Act 2006 Cases Cited: Waldrip v Lake Macquarie City Council and Johnson Property Group Pty Ltd [2016] NSWLEC 1212 Category: Principal judgment Parties: Marvin Waldrip (Applicant)

Lake Macquarie City Council (First Respondent)

Johnson Property Group Pty Ltd (Second Respondent) Representation: Counsel: Ms J Walker (Applicant)