Figtree Hill v Cleary Bros and others (No 2) [2006] NSWLEC 63

Figtree Hill v Cleary Bros and others (No 2) [2006] NSWLEC 63

Because the disputed conditions had to reflect the Court's earlier merits findings and provide appropriate protection for the Applicant's land while retaining limited operational flexibility where justified, the Court accepted the Applicant's amendments on the land definition, northern buffer, general application of blast protections, site access, and tree replacement timing, accepted the Respondents' use of "generally" for blast and dust management compliance, specified three months for dilapidation survey nominees, and made final orders dismissing the appeal while approving the quarry extension subject to the amended conditions.

Jurisdiction
Australia
Judgment Date
21 February 2006
Procedural Posture
Objector Appeal Under S 98 of the Environmental Planning and Assessment Act 1979 Concerning Development Consent for Designated Development / Written Submissions on Conditions Following Earlier Merits Judgment; Final Orders
Outcome
Appeal dismissed; quarry extension approved subject to conditions in Annexure A.
Legal Topics
['designated Development' 'hard Rock Quarry Extension' 'conditions of Consent' 'objector Appeal']
['environmental Planning and Assessment' 'development Consent'] ['designated Development' 'hard Rock Quarry Extension' 'conditions of Consent' 'objector Appeal']

Case Brief

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Procedural Posture

Objector Appeal Under S 98 of the Environmental Planning and Assessment Act 1979 Concerning Development Consent for Designated Development / Written Submissions on Conditions Following Earlier Merits Judgment; Final Orders

Legal Issues

  1. 1 ["Whether disputed conditions of consent for the quarry extension should be amended in accordance with the Court's earlier findings." 'Whether the Blast Management Plan condition should apply to land generally or be limited to rural use of land, and whether compliance should be expressed as generally in compliance.' 'Whether Dunsters Lane should be used for quarry traffic other than in an emergency.' 'Whether timeframes should be specified for dilapidation survey nominees and replacement of landscaping trees.']

Ratio Decidendi

Because the disputed conditions had to reflect the Court's earlier merits findings and provide appropriate protection for the Applicant's land while retaining limited operational flexibility where justified, the Court accepted the Applicant's amendments on the land definition, northern buffer, general application of blast protections, site access, and tree replacement timing, accepted the Respondents' use of "generally" for blast and dust management compliance, specified three months for dilapidation survey nominees, and made final orders dismissing the appeal while approving the quarry extension subject to the amended conditions.

Court Disposition

Appeal dismissed; quarry extension approved subject to conditions in Annexure A.

Orders

  • ['The appeal is dismissed.' 'The extension to an existing hard rock quarry at Lot 1 in DP 858245 and Lot 23 in DP 1039967, Dunsters Lane, Croom, is approved subject to the conditions in Annexure A.' 'The exhibits are returned with the exception of Exhibits C, L, 3 and 101.']