Bulk Resources Management Pty Ltd v Penrith City Council [2020] NSWLEC 1142

Land and Environment Court New South Wales

Medium Neutral Citation: Bulk Resources Management Pty Ltd v Penrith City Council [2020] NSWLEC 1142 Hearing dates: Conciliation conference on 13 March 2020 Date of orders: 27 March 2020 Decision date: 27 March 2020 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The Appeal is upheld. (2) The terms of the Development Control Order are modified as set out in Annexure 'A'. (3) The Court notes the following undertakings given to the Respondent: (a) Allen Romel and Michael Menon agree on behalf of the Applicant to procure all necessary steps to be undertaken by the Applicant to carry out all works and activities listed in the attached Development Control Order; (b) On or before 7 July 2020, the Applicant shall use its best endeavours to terminate the lease of the property known as 1725-1743 Elizabeth Drive, Badgerys Creek. Catchwords: DEVELOPMENT CONTROL ORDERS – waste or resource management facility – cessation of use – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Penrith Local Environmental Plan 2010 State Environmental Planning Policy No 55—Remediation of Land Category: Principal judgment Parties: Bulk Resources Management Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: B Lennox (Solicitor) (Applicant) Pearce (Solicitor) (Respondent)