Muscat Developments Pty Ltd trading as Muscat Developments v Wollondilly Shire Council (No 2)

[2022] NSWLEC 1012

Land and Environment Court

New South Wales

Medium Neutral Citation:

Muscat Developments Pty Ltd trading as Muscat Developments v Wollondilly Shire Council (No 2) [2022] NSWLEC 1012

Hearing dates:

On the papers

Date of orders:

10 January 2022

Decision date:

10 January 2022

Jurisdiction:

Class 1

Before:

Clay AC

Decision:

The Court Orders that:

(1) The appeal is upheld.

(2) Development consent is granted to development application 2019.688.1 for the change of use from poultry farm to two depots including construction of two sheds, an office building, associated hard stand areas and driveway with ancillary stormwater, landscaping, wastewater management and earthworks including remediation and some off-site disposal of contaminated soil at Lot 1 in Deposited Plan 718840 known as 285 Finns Road, Menangle subject to the conditions in Annexure A.

(3) The exhibits other than exhibits A, D, E and 1 are returned.

Catchwords:

DEVELOPMENT APPLICATION – change of use from poultry farm to two depots – use of fill unlawfully brought onto site – contamination – remediation and re-use of contaminated fill – removal of contaminated fill – relevance of Protection of the Environment Operations Act licensing provisions – impact on existing and desired character of the area – loss of land for agriculture – visual impact – protection of scenic and cultural landscapes – conditions filed in accordance with reasons – orders made

Cases Cited:

Muscat Developments Pty Ltd trading as Muscat Developments v Wollondilly Shire Council [2021] NSWLEC 1758

Category:

Principal judgment

Parties:

Muscat Developments Pty Ltd trading as Muscat Developments (Applicant)
Wollondilly Shire Council (Respondent)

Representation:

Counsel:
R Lancaster SC with T Poisel (Applicant)
C Novak (Respondent)

Solicitors:
CAW Legal (Applicant)
Bradley Allen Love Lawyers (Respondent)

File Number(s):

2020/178157

Publication restriction:

Nil

Judgment

1. COMMISSIONER: On 10 December 2021 I delivered my judgment (Muscat Developments Pty Ltd trading as Muscat Developments v Wollondilly Shire Council [2021] NSWLEC 1758) and directed the parties to file conditions in accordance therewith.

2. On 20 December 2021 the parties filed agreed conditions which I accept properly reflect my reasons for judgment and therefore I make the following orders.

3. The Court orders that:

1. The appeal is upheld.

2. Development consent is granted to development application 2019.688.1 for the change of use from poultry farm to two depots including construction of two sheds, an office building, associated hard stand areas and driveway with ancillary stormwater, landscaping, wastewater management and earthworks including remediation and some off-site disposal of contaminated soil at Lot 1 in Deposited Plan 718840 known as 285 Finns Road, Menangle subject to the conditions in Annexure A.

3. The exhibits other than exhibits A, D, E and 1 are returned.

………………………..

P Clay

Acting Commissioner of the Court

Annexure A (325988, pdf)

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Decision last updated: 10 January 2022