Australian Native Landscapes Pty Ltd v Mid-Coast Council [2026] NSWLEC 1372
Before: Young AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of Development Application No. 2024/0689 (DA). The DA seeks consent seeks approval for a change of land use to introduce receival of Food Organics and Gardens Organics (FOGO) up to 50,000 tonnes per annum (tpa) and decrease wood waste intake to 100,000 tpa while maintaining total intake of organics at 150,000 tpa at Lot 1 in DP 714149 (No.
Catchwords
DEVELOPMENT APPLICATION — s34 conciliation conference — waste and resource management facility — agreement reached — orders made
Outcome
The Court orders that: (1) The appeal is upheld. (2) The Applicant is to pay the Respondent’s ‘costs thrown away’ in the amount of $20,000.00 pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), in relation to all amendments made to Development Application No. 2024/0689 during the course of the appeal, within 28 days of the date of these orders. (3) Order 4 made by the Court on 8 May 2026 is vacated. (4) Development consent is granted to Development Application No. 2024/0689 for the change of land use to increase Food and Garden Organics intake to 50,000 tonnes per annum (tpa) and decrease wood waste intake to 100,000 tpa while maintaining total intake of organics at 150,000 tpa at Lot 1 in DP 714149 (No. 12) Pindimar Road, Tea Gardens, as modified, subject to the conditions of consent at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.10, 4.12, 4.13, 4.15, 4.16, 4.46, 4.47, 8.7, 8.14, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Protection of the Environment Operations Act 1997 (NSW), Sch 1 Environmental Planning and Assessment Regulation 2021 (NSW), ss 37, 38, 56, 60, 191, Sch 3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.152, 2.153 Great Lakes Local Environmental Plan 2014, cll 7.2, 7.5
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Authoritative text on NSW Caselaw · ~15k words
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