Dravin Pty Ltd v Blacktown City Council [2017] NSWLEC 38

Land and Environment Court New South Wales

Medium Neutral Citation: Dravin Pty Ltd v Blacktown City Council [2017] NSWLEC 38 Hearing dates: 20 March 2017 Date of orders: 05 April 2017 Decision date: 05 April 2017 Jurisdiction: Class 1 Before: Preston CJ Decision: (1) The appeal is dismissed. (2) The appellant is to pay the respondent's costs of the appeal. Catchwords: APPEAL – appeal against a Commissioner's decision on questions of law – refusal of application to modify development consent by substituting new condition regulating waste received at waste disposal depot – original condition restricted waste received at depot to waste carried by the applicant in his own vehicles, which must be licensed to transport waste and not from any other source – modified condition removed these restrictions – Commissioner not satisfied development as modified substantially the same as development originally approved – Commissioner not satisfied that modification of minimal environmental impact – alleged errors in construction of original condition – whether original condition's reference to the applicant was to original applicant for consent – whether original condition limited the waste received – alleged error in considering actual use and waste received under original consent – alleged errors in finding modification not of minimal environmental impact – no error on questions of law established Legislation Cited: Civil Procedure Act 2005 s 98 Environmental Planning and Assessment Act 1979 ss 96(1A), 96(1A)(a), 96(1A)(b), 97AA Protection of the Environment Operations Act 1997 Land and Environment Court Act 1979 s 56A Uniform Civil Procedure Rules 2005 r 42.1, Sch 1 Waste Disposal Act 1970 Cases Cited: Design Power Associates Pty Ltd v Willoughby City Council (2006) 148 LGERA 233; [2005] NSWLEC 470 Eaton and Sons Pty Ltd v Warringah Shire Council (1972) 129 CLR 270 Hurstville City Council v Goreski [2011] NSWLEC 188 Jonah Pty Ltd v Pittwater Council (2006) 144 LGERA 408; [2006] NSWLEC 99 Ryde Municipal Council v Royal Ryde Homes (1970) 19 LGRA 321 Minister for Aboriginal Affairs v Peko Wallsend Ltd (1986) 162 CLR 24 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280 Sydney Water Corporation v Caruso (2009) 170 LGERA 298; [2009] NSWCA 391 Vacik Pty Ltd v Penrith City Council [1992] NSWLEC 8 Category: Principal judgment Parties: Dravin Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: Mr P Clay SC with him Ms J Reid (Applicant) Ms Z Heger (Respondent)