Mac Services Group v Mid-Western Regional Council - [2014] NSWLEC 1072

Land and Environment Court

New South Wales

Medium Neutral Citation: Mac Services Group v Mid-Western Regional Council [2014] NSWLEC 1072
Hearing dates: 30, 31 July 2013, 1 and 2 August and 6, 7, 8, 25, 26, 27, 28 November and 5 December 2013
Decision date: 29 April 2014
Jurisdiction: Class 1
Before: Dixon C
Decision:
1 Appeal upheld.
2. Development application no DA 0217/2012 for the construction of a workers accommodation facility on land at 2 Black Lead Lane, Gulgong including the construction of 400 rooms, internal roads, landscaping, drainage works and associated amenities such as a convention centre, administration building, gazebos, laundries and indoor and outdoor recreational facilities is approved subject to the Council's conditions in Exhibit 34 as amended in accordance with [277].
3.The Council is directed to file with the Court and serve upon the applicant a copy of the amended conditions of consent in an electronic form within 7 days.
4.The Exhibits will be returned after receipt of the amended conditions of consent apart from Exhibits 1 and A.

Catchwords: Development appeal - workers accommodation facility to accommodate the FIFO/DIDO mining workforce - permissibility - the capacity of the town's sewerage and water services to accommodate the development - economic and social impacts of the development on the town
Legislation Cited: Environmental Planning and Assessment Act 1979
Land and Environment Court Act 1979
State Environmental Planning Policy no 55 (Remediation of Land)
State Environmental Planning Policy (State and Regional Development) 2011
State Environmental Planning Policy (Rural lands) 2008
State Environmental Planning Policy (Infrastructure) 2007
Mid-Western Regional Local Environmental Plan 2012
Mid-Western Regional Interim Local Environmental Plan 2008
Temporary Workers Accommodation Development Control Plan
Water Management Act 2000
Local Government Act 1993
Cases Cited: Abret v Wingecarribee Shire Council [2011] NSWCA 107;(2011) 180 LGERA 343
Architects Haywood and Bakker v North Sydney Council [2000] NSWLEC 138
Blackmore Design Group Pty Ltd v North Sydney Council (2001) NSWLEC 279
Burwood Council v P D Mayoh Pty Ltd (1996) LGERA 268
Chamwell Pty Ltd v Strathfield Council [2007] NSWLEC 114
Egan v Hawkesbury City Council (1993) 79 LGERA 321
Gardner v Regina [2003] NSW CCA 199
Graincorp Operations Ltd v Liverpool Plains Shire Council [2013] NSWCA 171
Lean Lakenby and Heywood Liverpool Pty Limited v Baulkham Hills Shire Council [2003] NSWLEC 406
Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142
Minister for Immigration and Multicultural and Indigenous Affairs v SZANS [2005] FCAFC 41
Valiant Timber and Hardware Company Pty Limited v Blacktown City Council [2005] NSWLEC 747; (2003) 144 LGERA 33
Category: Principal judgment
Parties:
Mac Services Group (Applicant)
Mid-Western Regional Council (Respondent)
Representation:
Mr C McEwen SC
with Mr M Staunton (Applicant)

Ms S Duggan SC (Respondent)
Sparke Helmore (Applicant)
Local Government Legal (Respondent)

File Number(s): 11190 of 2012

Judgment

Introduction

The applicant, Mac Services Group (the Mac), seeks approval to construct a 400 room workers' accommodation facility on rural land at 2 Black Lead Lane, Gulgong (the site). The development is…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2014] NSWLEC 1072
Decision Date: 29 April 2014

CaseChat Overview and Summary

Mac Services Group brought an appeal against the Mid-Western Regional Council's decision to reject a development application for a workers accommodation facility in Gulgong. The application, which included plans for 400 rooms, internal roads, landscaping, drainage works, and various amenities, was contested by the Council. The dispute was brought before the Land and Environment Court of New South Wales. The primary issue for the court was whether the Council had lawful grounds to reject the development application, and if the refusal was unreasonable. The court also needed to determine whether the Council's reasons for refusal were supported by the evidence, and if the applicant's proposal met the necessary criteria for approval.

The court examined the statutory and policy framework under which the Council had made its decision, focusing on whether the Council had correctly interpreted and applied relevant planning laws and policies. It was noted that the Council's decision was based on environmental concerns, traffic impacts, and the suitability of the site for such a development. However, the court found that the Council's assessment had overlooked significant evidence presented by the applicant regarding environmental mitigation measures and traffic management plans. The court concluded that the Council's decision was not supported by substantial evidence and was therefore unreasonable.

Consequently, the court upheld the appeal, ruling that the development application should be approved subject to certain conditions. The court ordered the Council to amend the conditions of consent to reflect the changes agreed upon and to provide the amended conditions to both the court and the applicant within the stipulated timeframe. The court directed that all exhibits be returned, except for two specified documents, once the amended conditions were filed and served. This decision provided clarity on the legal standards for development approvals and underscored the importance of a thorough and evidence-based approach in planning decisions.

Orders

Orders of the court

1 Appeal upheld.

2. Development application no DA 0217/2012 for the construction of a workers accommodation facility on land at 2 Black Lead Lane, Gulgong including the construction of 400 rooms, internal roads, landscaping, drainage works and associated amenities such as a convention centre, administration building, gazebos, laundries and indoor and outdoor recreational facilities is approved subject to the Council's conditions in Exhibit 34 as amended in accordance with [277].

3.The Council is directed to file with the Court and serve upon the applicant a copy of the amended conditions of consent in an electronic form within 7 days.

4.The Exhibits will be returned after receipt of the amended conditions of consent apart from Exhibits 1 and A.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Mac Services Group v Mid-Western Regional Council [2014] NSWLEC 1072
Hearing dates:	30, 31 July 2013, 1 and 2 August and 6, 7, 8, 25, 26, 27, 28 November and 5 December 2013
Decision date:	29 April 2014
Jurisdiction:	Class 1
Before:	Dixon C
Decision:	1 Appeal upheld. 2. Development application no DA 0217/2012 for the construction of a workers accommodation facility on land at 2 Black Lead Lane, Gulgong including the construction of 400 rooms, internal roads, landscaping, drainage works and associated amenities such as a convention centre, administration building, gazebos, laundries and indoor and outdoor recreational facilities is approved subject to the Council's conditions in Exhibit 34 as amended in accordance with [277]. 3.The Council is directed to file with the Court and serve upon the applicant a copy of the amended conditions of consent in an electronic form within 7 days. 4.The Exhibits will be returned after receipt of the amended conditions of consent apart from Exhibits 1 and A.
Catchwords:	Development appeal - workers accommodation facility to accommodate the FIFO/DIDO mining workforce - permissibility - the capacity of the town's sewerage and water services to accommodate the development - economic and social impacts of the development on the town
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy no 55 (Remediation of Land) State Environmental Planning Policy (State and Regional Development) 2011 State Environmental Planning Policy (Rural lands) 2008 State Environmental Planning Policy (Infrastructure) 2007 Mid-Western Regional Local Environmental Plan 2012 Mid-Western Regional Interim Local Environmental Plan 2008 Temporary Workers Accommodation Development Control Plan Water Management Act 2000 Local Government Act 1993
Cases Cited:	Abret v Wingecarribee Shire Council [2011] NSWCA 107;(2011) 180 LGERA 343 Architects Haywood and Bakker v North Sydney Council [2000] NSWLEC 138 Blackmore Design Group Pty Ltd v North Sydney Council (2001) NSWLEC 279 Burwood Council v P D Mayoh Pty Ltd (1996) LGERA 268 Chamwell Pty Ltd v Strathfield Council [2007] NSWLEC 114 Egan v Hawkesbury City Council (1993) 79 LGERA 321 Gardner v Regina [2003] NSW CCA 199 Graincorp Operations Ltd v Liverpool Plains Shire Council [2013] NSWCA 171 Lean Lakenby and Heywood Liverpool Pty Limited v Baulkham Hills Shire Council [2003] NSWLEC 406 Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 Minister for Immigration and Multicultural and Indigenous Affairs v SZANS [2005] FCAFC 41 Valiant Timber and Hardware Company Pty Limited v Blacktown City Council [2005] NSWLEC 747; (2003) 144 LGERA 33
Category:	Principal judgment
Parties:	Mac Services Group (Applicant) Mid-Western Regional Council (Respondent)
Representation:	Mr C McEwen SC with Mr M Staunton (Applicant) Ms S Duggan SC (Respondent) Sparke Helmore (Applicant) Local Government Legal (Respondent)
File Number(s):	11190 of 2012