NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Sessions v Penrith City Council [2017] NSWLEC 1328 Hearing dates: 22 May 2017, 9 and 14 June 2017 Date of orders: 14 June 2017 Decision date: 14 June 2017 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: Pursuant to section 292 of the Protection of the Environment Operations Act 1997, the appeal against the Directive dated 2 September 2016 issued by Penrith City Council to Sammy-Jo Sessions and Blake Drew under section 96 of that Act is upheld and the Directive is modified in accordance with Annexure A. Catchwords: APPEAL - Prevention notice – activity carried on in an environmentally unsatisfactory manner – noise complaints – activity of operation of a gym - whether noise "offensive noise" - whether activity carried on by such practicable means to minimise emission of noise - terms of prevention notice – prevention notice provided in accordance with agreement – prevention notice issued with varied time period for submission of noise assessment report and management plan Legislation Cited: Land and Environment Court Act 1979 s 39 Protection of the Environment Operations Act 1997 ss 95, 96 Category: Principal judgment Parties: Sammy-Jo Sessions First Applicant
Drew Blake Second Applicant
Penrith City Council Respondent Representation: Solicitors: Herbert Weller (First and Second Applicants) Chris Drury, Sparke Helmore (Respondent) File Number(s): 2016/284230
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