ETRA Pty Ltd ATF PF Formation Trust v Hornsby Shire Council [2019] NSWLEC 1045

ETRA Pty Ltd ATF PF Formation Trust v Hornsby Shire Council [2019] NSWLEC 1045

The parties' agreed decision to uphold the appeal and approve the modification application was one the Court could make in the proper exercise of its functions because only a small section of Old Telegraph Road immediately adjoining the site, being within the Hornsby local government area, would be used by vehicles associated with the quarry, the remaining haulage route would be within The Hills Shire local government area, and there were no legislative provisions providing for contributions to The Hills Shire Council.

Jurisdiction
Australia
Judgment Date
05 February 2019
Procedural Posture
Class 1 Appeal Concerning Modification of Development Consent / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreed Disposition
Outcome
Appeal upheld and modification application approved in accordance with the parties' agreement.
Legal Topics
['modification of Development Consent' 'developer Contributions' 'road Haulage Contributions' 'conciliation Conference']
['planning and Environment Law'] ['modification of Development Consent' 'developer Contributions' 'road Haulage Contributions' 'conciliation Conference']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning Modification of Development Consent / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreed Disposition

Legal Issues

  1. 1 ['Whether the payment sought under the consent condition for road haulage contributions under s 7.11 of the Environmental Planning and Assessment Act 1979 was reasonable given the distance of roads to be utilised within the Hornsby Council area.' "Whether the Court could make orders in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

The parties' agreed decision to uphold the appeal and approve the modification application was one the Court could make in the proper exercise of its functions because only a small section of Old Telegraph Road immediately adjoining the site, being within the Hornsby local government area, would be used by vehicles associated with the quarry, the remaining haulage route would be within The Hills Shire local government area, and there were no legislative provisions providing for contributions to The Hills Shire Council.

Court Disposition

Appeal upheld and modification application approved in accordance with the parties' agreement.

Orders

  • ['The appeal is upheld.' 'The application pursuant to section 4.55 (1A) of the Environmental Planning and Assessment Act 1979 (Modification application DA/1380/2014A) is approved.' 'Development Consent granted by the Sydney North Planning Panel on 13 July 2017 (Development Consent No. DA/1380/2014) for a sandstone...