Site Plus Pty Ltd v Wollongong City Council

Land and Environment Court New South Wales Case Title: Site Plus Pty Ltd v Wollongong City Council Medium Neutral Citation: [2014] NSWLEC 125 Hearing Date(s): 9, 10, 17 August 2012 Decision Date: 22 August 2014 Jurisdiction: Class 1 Before: Craig J Decision: 1. Appeal dismissed 2. The Applicant must pay the First Respondent's costs of the appeal. 3. Exhibits tendered on the appeal may be returned. Catchwords: APPEAL - s 56A of the Land and Environment Court Act 1979 - development application for development and operation of a resource recovery facility - appeal to Court pursuant to s 97(1) of the Environmental Planning and Assessment Act 1979 - s 97 appeal dismissed - necessity to characterise land use of both the site proposed for the facility and the private access road to the site proposed by the Applicant - whether Commissioner erred on a question of law when characterising the access road as use for the purpose of a resource recovery facility - permissibility of "road" purpose under Wollongong Local Environmental Plan 2009 - characterisation of development as a "question of law" under s 56A - no error of law APPEAL - s 56A of the Land and Environment Court Act 1979 - development application for development and operation of a resource recovery facility - appeal to Court pursuant to s 97(1) of the Environmental Planning and Assessment Act 1979 -s 97 appeal dismissed - whether the Council failed to act as a model litigant - whether any failure occasioned...