International Study Programs Pty Ltd & Ors v Greater Lithgow City Council & Anor [2000] NSWLEC 91

International Study Programs Pty Ltd & Ors v Greater Lithgow City Council & Anor [2000] NSWLEC 91

Consent was refused because the development application and supporting evidence did not adequately define the quarry proposal, its impacts, or the means of amelioration; the Court was not satisfied of economic need, resource quality, adequate geological and quarry planning information, or adequate assessment of matters including roads, erosion, dust, water management, rehabilitation, noise, heritage and visual impacts. These shortcomings were fundamental and could not be adequately remedied by conditions or a deferred commencement consent.

Jurisdiction
Australia
Judgment Date
11 May 2000
Procedural Posture
Class 1 Proceedings Concerning Merits Appeals About Development Consent for Designated Development and Class 4 Proceedings Concerning Adequacy of the Environmental Impact Statement / Hearing of the Two Class 1 Proceedings on the Merits; Class 4 Proceedings Listed for Mention and Stood Over
Outcome
Consent refused; objectors' appeal upheld; Rydal's appeal against conditions dismissed; Class 4 matter stood over.
Legal Topics
['designated Development' 'hard Rock Aggregate Quarry' 'environmental Impact Statement' 'development Application' 'development Consent Conditions' 'deferred Commencement Consent' 'economic Justification and Commercial Viability' 'geology and Quarry Planning' 'soil Erosion and Water Management' 'noise and Vibration' 'flora and Fauna' 'heritage and Visual Impact']
['environmental Law' 'planning Law' 'land Use and Development Consent'] ['designated Development' 'hard Rock Aggregate Quarry' 'environmental Impact Statement' 'development Application' 'development Consent Conditions' 'deferred Commencement Consent' 'economic Justification and Commercial Viability' 'geology and Quarry Planning' 'soil Erosion and Water Management' 'noise and Vibration' 'flora and Fauna' 'heritage and Visual Impact']

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Procedural Posture

Class 1 Proceedings Concerning Merits Appeals About Development Consent for Designated Development and Class 4 Proceedings Concerning Adequacy of the Environmental Impact Statement / Hearing of the Two Class 1 Proceedings on the Merits; Class 4 Proceedings Listed for Mention and Stood Over

Legal Issues

  1. 1 ["Whether development consent should be granted for Rydal Management Pty Ltd's proposed hard rock aggregate quarry on portion 126 near Rydal." 'Whether the material before the Court adequately defined the proposed development and its environmental impacts for assessment under s 90(1) of the Environmental Planning & Assessment Act 1979.' 'Whether shortcomings in the development application and proposal could be cured by conditions or by a deferred commencement consent under s 91AA of the Environmental Planning & Assessment Act 1979.' 'Whether geological information, quarry planning, resource quality and commercial viability were sufficient to justify the proposal.' 'Whether erosion, dust, water management, rehabilitation, noise, heritage and visual impacts were adequately assessed and acceptable.']

Ratio Decidendi

Consent was refused because the development application and supporting evidence did not adequately define the quarry proposal, its impacts, or the means of amelioration; the Court was not satisfied of economic need, resource quality, adequate geological and quarry planning information, or adequate assessment of matters including roads, erosion, dust, water management, rehabilitation, noise, heritage and visual impacts. These shortcomings were fundamental and could not be adequately remedied by conditions or a deferred commencement consent.

Court Disposition

Consent refused; objectors' appeal upheld; Rydal's appeal against conditions dismissed; Class 4 matter stood over.

Orders

  • ['The appeal in matter 10465 is upheld, and DA 3/98 submitted to Lithgow City Council is determined by refusal of development consent.' 'In consequence of Order 1, the appeal in matter 10961 is dismissed.' "Matter 40183 is stood over to the Registrar's callover list on Tuesday 30 May 2000 so that arrangements can be...