Gerroa Environment Protection Society Inc v Minister for Planning and Cleary Bros (Bombo) Pty Ltd (No 2) [2008] NSWLEC 254

Gerroa Environment Protection Society Inc v Minister for Planning and Cleary Bros (Bombo) Pty Ltd (No 2) [2008] NSWLEC 254

The appeal was upheld because the project to be approved by the Court, as modified and subject to the Court's conditions, differed materially from the project approved by the Minister; dismissing the appeal would reinstate the Minister's decision and would not accord with the Court's decision.

Jurisdiction
Australia
Judgment Date
02 September 2008
Procedural Posture
Objector Appeal Against Approval Under Part 3 a of the Environmental Planning and Assessment Act 1979 / Final Orders Following Judgment on 16 May 2008 and Further Hearings on Disputed Conditions on 13 and 25 August 2008
Outcome
Appeal upheld; approval granted subject to conditions.
Legal Topics
['objector Appeal' 'part 3 a Project Approval' 'sand Quarry Extraction and Processing Operations' 'conditions of Approval' 'landscape and Rehabilitation Management']
['environmental Law' 'planning and Development Law'] ['objector Appeal' 'part 3 a Project Approval' 'sand Quarry Extraction and Processing Operations' 'conditions of Approval' 'landscape and Rehabilitation Management']

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Procedural Posture

Objector Appeal Against Approval Under Part 3 a of the Environmental Planning and Assessment Act 1979 / Final Orders Following Judgment on 16 May 2008 and Further Hearings on Disputed Conditions on 13 and 25 August 2008

Legal Issues

  1. 1 ['Whether the appeal should be upheld or dismissed in circumstances where the Court would grant approval to a project materially modified from that approved by the Minister.' 'Whether approval should be granted subject to the consolidated conditions of approval and Landscape and Rehabilitation Management Plan accepted by the parties.']

Ratio Decidendi

The appeal was upheld because the project to be approved by the Court, as modified and subject to the Court's conditions, differed materially from the project approved by the Minister; dismissing the appeal would reinstate the Minister's decision and would not accord with the Court's decision.

Court Disposition

Appeal upheld; approval granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Approval is granted to application 05/0099 for extraction and processing operations on land comprising Lot A DP 185785 and part of the land in Certificate of Title Vol 5841 Folio 139 subject to the conditions in Annexure A.' 'Exhibits may be returned.']