RePoly v Independent Planning Commission & Ors - NSW Land and Environment Court

RePoly is proposing to build a plastic recycling factory at this site in Moss Vale. (ABC Illawarra: Justin Huntsdale)

A merits appeal in the Land and Environment Court of NSW brought by developer, RePoly, against refusal by the NSW Independent Planning Commission of its application to build a plastics recycling facility at Moss Vale, in Sydney’s drinking water catchment.

Johnson Legal was acting for an objector and local councillor, Cr Rachel Russell, who is concerned about the impacts of the proposal on the local community and the environment.

Cr Russell was one of four respondents to RePoly’s appeal, the other three respondents being the Independent Planning Commission, local resident Sam Wood and The Garvin Institute.

A conciliation conference was held onsite in November 2025, with a hearing expected in 2026. On 24 June 2026, Cr Russell formally withdrew from the proceedings with leave of the Court.

Principal Lawyer, Matt Floro and Senior Associate, Rachael Chick, acted for Cr Russell in these proceedings. Bianca Collingwood of Counsel appeared for Cr Russell at the conciliation conference.

Upon her withdrawal, Cr Russell stated:

“I entered this case to reassure my community that all the resources we needed would be able to come on board for the legal fight.

“Johnson Legal has been fantastic to work with in the conciliation conference, to help carry the concerns of our community through the closed process. I know our community is exceedingly grateful for their generosity and support …

“All the bases are now covered for the legal case, so I will continue to support the fight in my role as a Councillor. I know, together, we will win this fight to protect the health, safety and prosperity of our beautiful Southern Highlands.”