Bowtell v Port Stephens Council & Anor [2017] NSWLEC 1130

Land and Environment Court New South Wales

Medium Neutral Citation: Bowtell v Port Stephens Council & Anor [2017] NSWLEC 1130 Hearing dates: 17,18 January 2017 Date of orders: 15 March 2017 Decision date: 15 March 2017 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. Development Application No. 16-2012-630-1 for a Rural Industry (Including Organic Composting) at 13 Barleigh Ranch Way, Eagleton is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibits 1, 102 and B Catchwords: DEVELOPMENT APPLICATION: composting facility – conditions to protect pollution of waterways and water supply Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Hunter Water Act 1991 Port Stephens Local Environmental Plan 2000 Port Stephens Local Environmental Plan 2013 Protection of the Environment Operations Act 1997 Cases Cited: Blackmore Design Group Pty Ltd v North Sydney Council [2001] NSWLEC 279 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) NSWCA 289 Texts Cited: Environmental Guidelines – Composting and Related Organics Processing Facilities, Department of Environment and Conservation, 2004 Category: Principal judgment Parties: Laurie Bowtell (First Applicant) Jacqueline Bowtell (Second Applicant)

Port Stephens Council (First Respondent) Environment Protection Authority (Second Respondent) Representation: Counsel: Mr M Hall SC (First and Second Applicant) Mr J Connors, barrister (First Respondent) Mr C Norton, barrister (Second Respondent)