Figtree Hill v Cleary Bros and others [2006] NSWLEC 9

Figtree Hill v Cleary Bros and others [2006] NSWLEC 9

The quarry extension was acceptable subject to amended conditions. Although quarrying was prohibited in the Rural Landscape 1(r l) zone, s 76A(8)(c) allowed approval as part of State significant development, there was no evidence of specific environmental attributes in the affected area, the extraction area in that zone was relatively small and not scheduled until years 21 to 25, and the impacts on adjoining land could be satisfactorily managed. A 50 metre northern buffer was not required because fly rock risk was minimised by blast management measures, low blasting frequency, the bund and effective separation near the haul road, and enhanced notice to adjoining landowners. A 200 mm/sec...

Jurisdiction
Australia
Judgment Date
13 January 2006
Procedural Posture
Third Party Objector Appeal Under S 98 of the Environmental Planning and Assessment Act 1979 Against Development Consent for Designated Development / Judgment Giving Findings and Directions for Amended Conditions of Consent
Outcome
The Court was satisfied that the extension to the existing quarry could be approved subject to conditions based on the findings in the judgment, and directed the parties to confer on amended conditions of consent.
Legal Topics
['development Application' 'third Party Appeal' 'designated Development' 'state Significant Development' 'extension to Existing Hard Rock Quarry' 'rural Zoning and Prohibited Use' 'fly Rock' 'ground Vibration Impacts on Dairy Cattle' 'noise, Blasting, Dust and Environmental Monitoring Conditions']
['planning and Environment Law' 'land Use and Development Control'] ['development Application' 'third Party Appeal' 'designated Development' 'state Significant Development' 'extension to Existing Hard Rock Quarry' 'rural Zoning and Prohibited Use' 'fly Rock' 'ground Vibration Impacts on Dairy Cattle' 'noise, Blasting, Dust and Environmental Monitoring Conditions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Third Party Objector Appeal Under S 98 of the Environmental Planning and Assessment Act 1979 Against Development Consent for Designated Development / Judgment Giving Findings and Directions for Amended Conditions of Consent

Legal Issues

  1. 1 ['Whether the proposed quarry extension was acceptable on land zoned Rural Landscape 1(r l) where quarrying was otherwise prohibited but could be approved as part of State significant development under s 76A(8)(c) of the Environmental Planning and Assessment Act 1979.' "Whether the Applicant's proposed conditions should be imposed, particularly a 50 metre northern buffer and additional performance monitoring requirements for fly rock, blasting, vibration, noise and dust." 'Whether the proposed blasting controls and vibration criterion were adequate to protect cattle and persons on adjoining land.']

Ratio Decidendi

The quarry extension was acceptable subject to amended conditions. Although quarrying was prohibited in the Rural Landscape 1(r l) zone, s 76A(8)(c) allowed approval as part of State significant development, there was no evidence of specific environmental attributes in the affected area, the extraction area in that zone was relatively small and not scheduled until years 21 to 25, and the impacts on adjoining land could be satisfactorily managed. A 50 metre northern buffer was not required because fly rock risk was minimised by blast management measures, low blasting frequency, the bund and effective separation near the haul road, and enhanced notice to adjoining landowners. A 200 mm/sec...

Court Disposition

The Court was satisfied that the extension to the existing quarry could be approved subject to conditions based on the findings in the judgment, and directed the parties to confer on amended conditions of consent.

Orders

  • ['The parties are to confer and provide amended conditions of consent within 14 days based on the findings in the judgment, by 27 January 2006.' 'If the amended conditions are not received by 27 January 2006, the Court will make final Orders without further reference to the parties.' 'Leave is granted for the...