Friends of Bucketty Incorporated v Buckettys Brewery Pty Ltd [2026] NSWLEC 118
Before: Pritchard J · NSW Land and Environment Court
Summary
JUDICIAL REVIEW – review of Council’s decision to grant development consent for food and drink premises comprising a pub, restaurant and ancillary brewery – whether Council failed to consider proposed instrument pursuant to s 4.15(1)(a)(ii) of the Environmental Planning and Assessment Act 1979 – whe
Catchwords
JUDICIAL REVIEW – review of Council’s decision to grant development consent for food and drink premises comprising a pub, restaurant and ancillary brewery – whether Council failed to consider proposed instrument pursuant to s 4.15(1)(a)(ii) of the Environmental Planning and Assessment Act 1979 – whether Council was required to consider proposed development as integrated development pursuant to Div 4.8 of the EPA Act – whether a development being integrated development within the meaning of s 4.46 of the EPA Act is a jurisdictional fact – whether provisions of Div 4.8 are optional – whether Council purported to grant consent for consent that was prohibited – whether brewery component was an ancillary or independent and prohibited use – whether Council misdirected itself in its application of Pt 3.2 of the State Environmental Planning Policy (Biodiversity and Conservation) 2021 – whether the land was core koala habitat – whether Council failed to consider public submissions – whether Council’s decision was legally unreasonable – proceedings dismissed
Outcome
The Court makes the following orders: (1) The proceedings are dismissed. (2) Unless either party files and serves written submissions no longer than 5 pages in length in relation to costs within seven days of this judgment, there will be no order as to costs.
Legislation cited
Cessnock Local Environmental Plan 2011 (NSW) cl 1.8A Cessnock Local Environmental Plan 2011 Amendment No 40 (NSW) Environmental Planning and Assessment Act 1979 (NSW) ss 4.3, 4.15, 4.16, Pt 4 Div 4.8 ss 4.46, 4.47, Sch 1 cl 8A Environmental Planning and Assessment Amendment (Planning Systems Reforms) Act 2025 (NSW) Environmental Planning and Assessment Regulation 2021 (NSW) s 91 Interpretation Act 1987 (NSW) ss 32, 33 Land and Environment Court Act 1979 (NSW) ss 25B, 25E Liquor Act 2007 (NSW) ss 14, 15, 22, 24, 25, 32, 33 Migration Act 1958 (Cth) s 109 Protection of the Environment Operations Act 1997 (NSW) ss 50, 58, 59 State Environmental Planning Policy (Biodiversity and Conservation) 2021 (NSW) ss 3.2, 3.6, 3.7, 3.8, 3.9, 3.15 Threatened Species Conservation Act 1995 (NSW) s 77(3), Pt 6 Div 2 Water Management Act 2000 (NSW) s 91 Uniform Civil Procedure Rules 2005 (NSW) r 59.9
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Authoritative text on NSW Caselaw · ~227k words
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