CSR Building Products Ltd v Maitland City Council [2005] NSWLEC 680

CSR Building Products Ltd v Maitland City Council [2005] NSWLEC 680

The appeal was upheld because the proposed modification principally extended the extraction period for a permissible clay quarry whose resource remained regionally significant, actual extraction had been slower than anticipated, referral authorities raised no objection or had their concerns addressed, and the proposed and existing conditions imposed tight constraints dealing with consultation, air quality, noise, revegetation and related impacts so that the continuing amenity impacts were within reason.

Jurisdiction
Australia
Judgment Date
21 November 2005
Procedural Posture
Development Consent Modification Appeal / Ex Tempore Judgment
Outcome
Appeal upheld; development consent amended; no order as to costs.
Legal Topics
['modification of Development Consent' 'extractive Industry' 'clay Shale Quarry' 'extension of Time of Consent' 'bund Walls and Landscaping' 'residential Amenity Impacts']
['planning and Environment Law'] ['modification of Development Consent' 'extractive Industry' 'clay Shale Quarry' 'extension of Time of Consent' 'bund Walls and Landscaping' 'residential Amenity Impacts']

Case Brief

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Procedural Posture

Development Consent Modification Appeal / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the existing development consent for a clay quarry should be modified under s 96(2) of the Environmental Planning and Assessment Act 1979 to extend the extraction period for a further 15 years less one month.' 'Whether concerns about noise, dust, pollution, flora and fauna, traffic management, water management, site rehabilitation and consultation justified refusing or limiting the modification.' 'Whether proposed amended conditions adequately addressed impacts including consultation, revegetation, dust, noise, roads, bund walls and annual reviews.']

Ratio Decidendi

The appeal was upheld because the proposed modification principally extended the extraction period for a permissible clay quarry whose resource remained regionally significant, actual extraction had been slower than anticipated, referral authorities raised no objection or had their concerns addressed, and the proposed and existing conditions imposed tight constraints dealing with consultation, air quality, noise, revegetation and related impacts so that the continuing amenity impacts were within reason.

Court Disposition

Appeal upheld; development consent amended; no order as to costs.

Orders

  • ['Orders made in accordance with Exhibit 2 as amended on 21 November 2005.' 'The appeal is upheld.' 'The development consent is amended.' 'Exhibits 2 and 3 are retained.' 'No order as to costs.']