Moorebank Recyclers Pty Ltd v Benedict Industries Pty Ltd

Land and Environment Court New South Wales Medium Neutral Citation: Moorebank Recyclers Pty Ltd v Benedict Industries Pty Ltd [2015] NSWLEC 40 Hearing dates:9-12 February 2015Date of orders: 18 March 2015 Decision date: 18 March 2015 Jurisdiction:Class 4Before: Preston CJ Decision: Orders as set out at [199] Catchwords: Judicial review – determination to grant development consent to marina development – site had history of potentially contaminating activities – preconditions to granting consent under cl 7 of State Environmental Planning Policy No 55 - Remediation of Land (SEPP 55) – contamination and remediation to be considered before determining development application – whether preliminary investigation of land and report on it provided to the consent authority – whether consideration by consent authority of report specifying findings of a preliminary investigation – no investigation or report and no consideration – whether consideration of contamination of land, suitability of land after remediation for proposed use, and remediation before land is used – consideration of contamination, but not suitability or remediation – preconditions to granting consent not satisfied – breach of SEPP 55 – relief to be granted to remedy and restrain breach – whether Court should in its discretion not declare consent invalid and direct alternative process of investigation and consideration of contamination and remediation – orders made declaring consent invalid and restraining carrying out of marina development. Legislation Cited: Contaminated Land Management Act 1997 Environmental Planning and Assessment Act 1979 ss 24(1), 80(1), 79C, 123, 124, 145C, Sch 4A Land and Environment Court...