Contaminated Soil Treatment Works and

Ancillary Development

A NSW Planning Case Study

Sandgate Road Wallsend - Extent of Contamination

Rehabilitation Action Plan Containment Cells

Hunter Water Land

Integral Energy Transmission

Lines

Hunter Water

Easements

Development Application under Seniors Living SEPP

What is Designated Development?

Contaminated soil treatment works…(c) that treat contaminated soil originating exclusively from the site on which the development is located and:

(i) incinerate more than 1,000 cubic metres per year of contaminated soil, or(ii) treat otherwise than by incineration and store more than 30,000 cubic metres of contaminated soil, or(iii) disturb more than an aggregate area of 3 hectares of contaminated soil."

Practical Impact of DecisionToner Design Pty Ltd v Newcastle City

Council [2012]

In-Situ Soil

Disturbed Soil

Ancillary Development

Summary

ReferencesJBA Planning: Development Application – Statement of Environmental Effects, Shearwater Landing, Greenhills Beach. May 2012

Korber, Anneliese. Toner Design Pty Ltd v Newcastle City Council [2012] NSWLEC 248. National Environmental Law Review, No. 1, Mar 2013: 31-32.  Sheahan J. (2012). Toner Design Pty Ltd v Newcastle City Council. NSWLEC 248 (7 November 2012). Smith C. and Hawke R. (2012) Court decision on contaminated soil "treatment" may lengthen environmental approvals process. Clayton Utz Insights (6 December 2012)

Wallace P. (2013) Decision on “Treatment” may Lengthen Approvals. WME Feb. 2013 pg36.