Hub Action Group Incorporated v Minister for Planning and Orange City Council [2008] NSWLEC 116

Hub Action Group Incorporated v Minister for Planning and Orange City Council [2008] NSWLEC 116

The development would have an adverse effect on the long-term use for sustained agricultural production of prime crop and pasture land, would adversely affect beekeeping on adjoining land, critically lacks a resource reprocessing facility, and relies on waste minimisation strategies that cannot lawfully or practically be imposed and enforced as a condition of consent. These factors preclude the exercise of power to grant consent under cl 10 of the Cabonne LEP and warrant refusal of the development application.

Parties
Applicant: Hub Action Group Incorporated; First Respondent: Minister for Planning; Second Respondent: Orange City Council
Jurisdiction
Australia
Judgment Date
17 March 2008
Procedural Posture
Development Application Appeal / Judgment on Merits Appeal in Land and Environment Court
Outcome
Development application refused; appeal upheld
Legal Topics
Waste Disposal Facility Approval, Ecologically Sustainable Development, Agricultural Land Protection, Local Government Planning Powers, Development Consent Conditions
Environmental Law Planning Law Administrative Law Waste Disposal Facility Approval Ecologically Sustainable Development Agricultural Land Protection Local Government Planning Powers Development Consent Conditions

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Parties

Hub Action Group Incorporated

Applicant

Minister for Planning

First Respondent

Orange City Council

Second Respondent

Procedural Posture

Development Application Appeal / Judgment on Merits Appeal in Land and Environment Court

Legal Issues

  1. 1 Whether development would have an adverse effect on the long-term use for sustained agricultural production of prime crop and pasture land under cl 10 of Cabonne Local Environmental Plan 1991
  2. 2 Whether development would have an adverse impact on beekeeping and honey production on adjacent land
  3. 3 Whether development is sustainable without inclusion of a resource reprocessing facility

Ratio Decidendi

The development would have an adverse effect on the long-term use for sustained agricultural production of prime crop and pasture land, would adversely affect beekeeping on adjoining land, critically lacks a resource reprocessing facility, and relies on waste minimisation strategies that cannot lawfully or practically be imposed and enforced as a condition of consent. These factors preclude the exercise of power to grant consent under cl 10 of the Cabonne LEP and warrant refusal of the development application.

Court Disposition

Development application refused; appeal upheld

Orders

  • The appeal is upheld.
  • Development Application DA 95-4-2005 for the construction and operation of the 'Hub' Regional Resource Reprocessing Facility and associated infrastructure on Lot 10 DP 1034198 at the corner of Euchareena and Shades Creek Road, Molong is determined by refusal of development consent.