Great Lakes Aggregates Pty Ltd v Great Lakes Council [2007] NSWLEC 793

Great Lakes Aggregates Pty Ltd v Great Lakes Council [2007] NSWLEC 793

Conditional approval for the proposed concrete batching plant is granted, based on evidence that the noise attenuation fence will adequately reduce noise impacts, air quality concerns are not significant, traffic will be managed by agreed road improvements, and the proposal meets zoning objectives. The hours of operation and maximum numbers of transit mixers exiting at start times are imposed to safeguard amenity.

Jurisdiction
Australia
Judgment Date
28 September 2007
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act / Judgment
Outcome
appeal upheld, conditional approval granted
Legal Topics
['development Application' 'concrete Batching Plant' 'hours of Operation' 'noise' 'traffic' 'local Amenity']
['planning Law' 'environmental Law'] ['development Application' 'concrete Batching Plant' 'hours of Operation' 'noise' 'traffic' 'local Amenity']

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Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act / Judgment

Legal Issues

  1. 1 ['Whether the proposed concrete batching plant should be approved given impacts on noise, air quality, traffic, and residential amenity' 'Appropriate hours of operation for the concrete batching plant' 'Adequacy of noise attenuation and environmental monitoring']

Ratio Decidendi

Conditional approval for the proposed concrete batching plant is granted, based on evidence that the noise attenuation fence will adequately reduce noise impacts, air quality concerns are not significant, traffic will be managed by agreed road improvements, and the proposal meets zoning objectives. The hours of operation and maximum numbers of transit mixers exiting at start times are imposed to safeguard amenity.

Court Disposition

appeal upheld, conditional approval granted

Orders

  • ['The appeal in respect of the property known as 107 Bullocky Way, Failford being Lot 1 DP 830075 is upheld.' "The development application No. 827/2006 submitted to Great Lakes Council and as amended is determined by granting consent subject to the conditions contained in Annexure 'A'." 'The exhibits (except...