GrainCorp Limited v Narrabri Shire Council [2016] NSWLEC 1382

GrainCorp Limited v Narrabri Shire Council [2016] NSWLEC 1382

Condition 19 is unreasonable because GrainCorp cannot control shunting times and its imposition is unfair. The development reduces overall level crossing blockages and is consistent with zoning objectives. Emergency services concerns are addressed through remaining conditions and public notification measures. The appeal is upheld and the development consent is granted subject to amended conditions.

Parties
Applicant: GrainCorp Operations Limited; Respondent: Narrabri Shire Council
Jurisdiction
Australia
Judgment Date
05 July 2016
Procedural Posture
Class 1 Appeal / Final Determination – Orders by Consent
Outcome
Appeal upheld, development application approved subject to conditions by consent
Legal Topics
Development Consent, Restriction on Time of Train Shunting Operations, Alternate Access Route
Environmental Law Planning Law Development Consent Restriction on Time of Train Shunting Operations Alternate Access Route

Case Brief

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Parties

GrainCorp Operations Limited

Applicant

Narrabri Shire Council

Respondent

Procedural Posture

Class 1 Appeal / Final Determination – Orders by Consent

Legal Issues

  1. 1 Whether condition 19 requiring restricted train shunting times or provision of alternate access is reasonable
  2. 2 Whether the proposed development is consistent with zoning objectives for RU1 Rural Primary Production

Ratio Decidendi

Condition 19 is unreasonable because GrainCorp cannot control shunting times and its imposition is unfair. The development reduces overall level crossing blockages and is consistent with zoning objectives. Emergency services concerns are addressed through remaining conditions and public notification measures. The appeal is upheld and the development consent is granted subject to amended conditions.

Court Disposition

Appeal upheld, development application approved subject to conditions by consent

Orders

  • The appeal is upheld
  • Development Application No. 18/2016 for proposed upgrade of rail siding facilities at 230 Old Turrawan Road, Narrabri is determined by the granting of consent subject to the conditions in Annexure 'A'