Concrete Recyclers (Group) Pty Ltd v Parramatta City Council [2005] NSWLEC 758

Concrete Recyclers (Group) Pty Ltd v Parramatta City Council [2005] NSWLEC 758

The modification to operating hours and stockpile height is permissible as the evidence, including expert assessment, indicates that with the imposed conditions, there will be no unacceptable impact in terms of noise, dust emissions, or visual amenity, and public benefits will be achieved by further agreed conditions.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 December 2005
Procedural Posture
Appeal / Judgment on Appeal Against Refusal of S 96 Modification Application
Outcome
appeal allowed; modification application approved with conditions
Legal Topics
['development Consent' 'modification Application' 'hours of Operation' 'dust Emissions' 'visual Impact']
['planning and Environment'] ['development Consent' 'modification Application' 'hours of Operation' 'dust Emissions' 'visual Impact']

Source-derived case record

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Procedural Posture

Appeal / Judgment on Appeal Against Refusal of S 96 Modification Application

Legal Issues

  1. 1 ['Whether the s 96 Modification application for the concrete recycling facility should be approved, particularly regarding changes to hours of operation and increased height of stockpiles' 'Potential noise disamenity, dust emissions, and visual impacts of the proposed modifications']

Ratio Decidendi

The modification to operating hours and stockpile height is permissible as the evidence, including expert assessment, indicates that with the imposed conditions, there will be no unacceptable impact in terms of noise, dust emissions, or visual amenity, and public benefits will be achieved by further agreed conditions.

Court Disposition

appeal allowed; modification application approved with conditions

Orders

  • ['The appeal is allowed.' 'The s 96 application to modify conditions of consent for the concrete recycling operation at 14 Thackeray Street, Camellia, is approved subject to the conditions in Annexure A.' 'The exhibits may be returned except for Exhibits 2 (Tables 14, 12), 3 and C.' 'No order as to costs.']