Warnervale Employment Zone Pty Ltd v Central Coast Council [2020] NSWLEC 1139

Land and Environment Court New South Wales

Medium Neutral Citation: Warnervale Employment Zone Pty Ltd v Central Coast Council [2020] NSWLEC 1139 Hearing dates: 9-10 March 2020 Date of orders: 26 March 2020 Decision date: 26 March 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) The appeal is dismissed. (2) Development Application No. 55744/2018 for a warehouse and distribution centre at 40 Gindurra Road Somersby is refused. (3) The exhibits, other than exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION – construction of a two storey warehouse including landscaping works and at-grade parking for 96 cars and use as a distribution centre – no expert evidence filed by applicant – no owners consent for works to provide vehicular access to the site on adjoining property – the proposal is designated development – insufficient information to determine whether the land is contaminated – leave refused to amend the application Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Gosford Local Environmental Plan 2014 Land and Environment Court Act 1979 Protection of Environment Operations Act 1997 State Environmental Planning Policy No 55—Remediation of Land Water Management Act 2000 Cases Cited: Central Coast Council v 40 Gindurra Road Somersby Pty Ltd (No 2) [2019] NSWLEC 171 Maule v Liporoni (2002) 122 LGERA 140; [2002] NSWLEC 25 Category: Principal judgment Parties: Warnervale Employment Zone Pty Ltd (First Applicant) 40 Gindurra Road Somersby Pty Ltd (Second Applicant) Central Coast Council (Respondent) Representation: Counsel: R Clark (Director, First and Second Applicant) T To (Respondent)