SCE Transport & Logistics Pty Ltd v Wollongong City Council [2017] NSWLEC 1097

Land and Environment Court New South Wales

Medium Neutral Citation: SCE Transport & Logistics Pty Ltd v Wollongong City Council [2017] NSWLEC 1097 Hearing dates: 6 February 2017 Date of orders: 01 March 2017 Decision date: 01 March 2017 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: designated development; materials handling facility; application for adjournment; whether amendments are minor; whether impacts of proposal are acceptable Legislation Cited: Environmental Planning and Assessment Act 1979; State Environmental Planning Policy (Three Ports) 2013; Wollongong Local Environmental Plan 2009; State Environmental Planning Policy No 55 – Remediation of Land 2005; State Environmental Planning Policy No 71 – Coastal Protection; State Environmental Planning Policy (Infrastructure) 2007; Land and Environment Court Act 1979 Category: Principal judgment Parties: SCE Transport and Logistics Pty Ltd (Applicant)

Wollongong City Council (Respondent) Representation: Counsel: Ms S Duggan SC (Applicant) Mr M Wright (Respondent)

Solicitors: Mr M Cole Minter Ellison (Applicant) Mr J Reilly Wollongong City Council (Respondent) File Number(s): 2016/158981 Publication restriction: No

Judgment 1. SCE Transport & Logistics Pty Ltd (SCE) lodged Development Application DA-2015/368 seeking consent from Wollongong City Council to construct and operate an uncovered materials handling facility to accommodate three stockpiles at Lot A DP 31497, Lot 1 DP 417095, Lot A DP 90141, Lot A DP 417095 and Lot 53 DP 652788 Old Port Road, Port Kembla. 2. The council refused the application on 18 September 2015 and SCE is appealing that decision pursuant to the provisions of s97(1) of the Environmental Planning and Assessment Act 1979 (EP&AAct).