Moorebank Recyclers Pty Ltd v Benedict Industries Pty Ltd and ors [2018] NSWLEC 1089

Land and Environment Court New South Wales

Medium Neutral Citation: Moorebank Recyclers Pty Ltd v Benedict Industries Pty Ltd and ors [2018] NSWLEC 1089 Hearing dates: 7, 8, 12, 13, 14 December 2017, written submissions 20 December 2017 Date of orders: 28 February 2018 Decision date: 28 February 2018 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. Development application DA 781/2015 for the construction and operation of a marina on part Lot 7 DP 1065574, 146 Newbridge Road, Moorebank is refused. 3. The exhibits are returned with the exception of exhibit F. Catchwords: DEVELOPMENT APPLICATION: designated development; third party appeal against approval for construction and operation of a marina; inadequate contamination assessment; impact on the Georges River water quality; absence of owners consent for work within the Georges River; inadequate access arrangement for construction vehicles from a classified road; inadequate information in relation to future use and planning of the public areas along Georges River Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Greater Metropolitan Regional Environmental Plan No 2-Georges River Catchment Liverpool Local Environmental Plan 2008 State Environmental Planning Policy No 55-Remediation of Land State Environmental Planning Policy (Infrastructure) 2007 Cases Cited: King v Great Lakes Shire Council [1986] 58 LGRA 366 Modern Motels Pty Ltd v Fairfield City Council [2013] NSWLEC 138 Moorebank Recyclers Pty Ltd v Benedict Industries Pty Ltd [2015] NSWLEC 40 Randwick Municipal Council v Pacific-Seven Pty Ltd [1989] 69 LGRA 13 Category: Principal judgment Parties: Moorebank Recyclers Pty Ltd (Applicant)