Hebden Quarries Pty Ltd v Singleton Shire Council [2022] NSWLEC 1133

Hebden Quarries Pty Ltd v Singleton Shire Council [2022] NSWLEC 1133

The Court was satisfied that the parties' agreement was a decision the Court could have made in the proper exercise of its functions because the modified development was substantially the same as the originally approved quarry development, the concurrence and approvals-body condition requirement did not apply, the notification requirements had been met, and no jurisdictional impediment was identified. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
24 March 2022
Procedural Posture
Class 1 Appeal Concerning Modification Application Da236/1997.6 / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; modification application approved; development consent modified and subject to consolidated modified conditions.
Legal Topics
['modification of Development Consent' 'hard Rock Quarry' 'importation, Storing, Blending and Sales of Electric Arc Furnace Slags, Cement Fibre Board and Ash' 'conditions of Consent' 'conciliation Conference' 'agreement Between Parties']
['planning and Environment Law'] ['modification of Development Consent' 'hard Rock Quarry' 'importation, Storing, Blending and Sales of Electric Arc Furnace Slags, Cement Fibre Board and Ash' 'conditions of Consent' 'conciliation Conference' 'agreement Between Parties']

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Procedural Posture

Class 1 Appeal Concerning Modification Application Da236/1997.6 / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 was a decision that the Court could have made in the proper exercise of its functions." 'Whether the modified development was substantially the same development as the development for which consent was originally granted for the purposes of s 4.55(2)(a) of the Environmental Planning and Assessment Act 1979.' 'Whether the statutory requirements relevant to the modification application, including notification requirements, were met.']

Ratio Decidendi

The Court was satisfied that the parties' agreement was a decision the Court could have made in the proper exercise of its functions because the modified development was substantially the same as the originally approved quarry development, the concurrence and approvals-body condition requirement did not apply, the notification requirements had been met, and no jurisdictional impediment was identified. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the agreement.

Court Disposition

Appeal upheld; modification application approved; development consent modified and subject to consolidated modified conditions.

Orders

  • ['The appeal is upheld.' 'Modification application DA236/1997.6 is approved and development consent DA236/1997 granted on 10 July 1998 for a hard rock quarry on the land described as Lots 1 and 5 DP 1012182, Pictons Lane, Hebden is modified in the terms set out in Annexure A.' 'As a consequence of the modification,...