Boral Resources (NSW) Pty Ltd v Camden Council [2018] NSWLEC 1623

Boral Resources (NSW) Pty Ltd v Camden Council [2018] NSWLEC 1623

Development for the mobile concrete batching plant on Lot 100 is permissible with development consent under cl 7(4)(d) of the Mining SEPP as extractive industry is currently carried out lawfully on that land pursuant to extant consent; the variation to the building height standard in cl 4.3 of CLEP is justified and granted under cl 4.6, as the applicant's request adequately demonstrates lack of adverse amenity or visual impacts, the height is operationally necessary, and the objectives of both the control and the zone are satisfied. Acoustic and traffic impacts are within guideline thresholds with imposed conditions. Consent is in the public interest.

Parties
Applicant: Boral Resources (NSW) Pty Ltd; Respondent: Camden Council
Jurisdiction
Australia
Judgment Date
05 December 2018
Procedural Posture
Development Application Appeal / Class 1 Merit Appeal; Final Judgment
Outcome
Appeal upheld; development consent granted, variation to building height standard granted
Legal Topics
Development Consent, Variation of Development Standards, Permissibility of Land Use, Environmental Impact Assessment, Building Height Controls, Noise and Acoustic Impacts, Visual Impact, Public Interest
Planning and Environment Law Development Consent Variation of Development Standards Permissibility of Land Use Environmental Impact Assessment Building Height Controls Noise and Acoustic Impacts Visual Impact +1 more

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Parties

Boral Resources (NSW) Pty Ltd

Applicant

Camden Council

Respondent

Procedural Posture

Development Application Appeal / Class 1 Merit Appeal; Final Judgment

Legal Issues

  1. 1 Whether the proposed mobile concrete batching plant is permissible with development consent under cl 7(4)(d) of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007
  2. 2 Whether the applicant's request to vary the height of buildings standard under cl 4.3 of Camden Local Environmental Plan 2010 should be granted under cl 4.6 of the instrument
  3. 3 Whether proposed development has acceptable amenity, visual, acoustic, and traffic impacts

Ratio Decidendi

Development for the mobile concrete batching plant on Lot 100 is permissible with development consent under cl 7(4)(d) of the Mining SEPP as extractive industry is currently carried out lawfully on that land pursuant to extant consent; the variation to the building height standard in cl 4.3 of CLEP is justified and granted under cl 4.6, as the applicant's request adequately demonstrates lack of adverse amenity or visual impacts, the height is operationally necessary, and the objectives of both the control and the zone are satisfied. Acoustic and traffic impacts are within guideline thresholds with imposed conditions. Consent is in the public interest.

Court Disposition

Appeal upheld; development consent granted, variation to building height standard granted

Orders

  • The Applicant's written request to vary the height of the building development standard under cl 4.3 of Camden Local Environmental Plan 2010 is granted pursuant to the jurisdiction of the Court under cl 4.6 of that instrument.
  • The appeal is upheld.