Nessdee Pty Limited v Orange City Council [2017] NSWLEC 158

Land and Environment Court New South Wales

Medium Neutral Citation: Nessdee Pty Limited v Orange City Council [2017] NSWLEC 158 Hearing dates: 15–18 August, 3 and 6–7 November 2017 Date of orders: 28 November 2017 Decision date: 28 November 2017 Jurisdiction: Class 1 Before: Preston CJ Decision: The Court orders: (1) The applicant is to prepare, file and serve a Plan of Management for Orange East Airport, a Stormwater Management Report for the Proposed Heliport and any further plans by 8 December 2017. (2) The parties are to confer and agree on the conditions of consent (revised in accordance with the Court's rulings) by 13 December 2017 and file the revised conditions by 14 December 2017. (3) The proceedings are listed on 19 December 2017 at 9:30am for further hearing and disposal of the proceedings. Catchwords: APPEAL – heliport – acoustic impacts of helicopter operations – proposal amended to confine helicopter operations and reduce acoustic impacts – amended proposal will comply with accepted numeric noise criteria – whether still unacceptable acoustic impacts on residential amenity and aesthetic values of locality – whether acoustic impacts unacceptable because of availability of alternative site at nearby airport – visual impacts of helicopter operations – whether unacceptable visual impact on aesthetic values of locality – environmental impact statement for designated development of heliport – adequacy of EIS consideration of need and justification for heliport and alternative sites – public interest – whether public interest favours refusal – development consent should be granted on conditions – conditions to be settled Legislation Cited: Environmental Planning and Assessment Act 1979 ss 77A(1), 78A(8)(a), 97, 97A Environmental Planning and Assessment Regulation 2000 Sch 2 cl 3(8), 7, Sch 3 cl 2(b) Orange Local Environmental Plan 2011 cll 2.3(2) Cases Cited: BGP Properties Pty Ltd v Lake Macquarie City Council (2004) 138 LGERA 237; [2004] NSWLEC 399 Helman v Byron Shire Council (1995) 87 LGERA 349 Lilley v Lithgow City Council [2007] NSWLEC 608 Category: Principal judgment Parties: Nessdee Pty Limited (Applicant) Orange City Council (First Respondent) Mr Gavin Alston (Second Respondent) Ms Esme Alston (Third Respondent) Representation: Counsel: Mr C McEwen SC and Mr M Staunton (Applicant) Mr P Clay SC and Ms J Reid (First Respondent)