Jasminco Resources Pty Limited v Goulburn Mulwaree Council [2019] NSWLEC 1218

Jasminco Resources Pty Limited v Goulburn Mulwaree Council [2019] NSWLEC 1218

The appeal is dismissed because there is insufficient information to determine if works on Tiyces Lane require owners consent, and the supporting documents do not comply with statutory requirements. The Court cannot grant consent to a development application where jurisdictional requirements regarding owners consent and supporting information have not been satisfied.

Jurisdiction
Australia
Judgment Date
23 May 2019
Procedural Posture
Appeal Against Refusal of Development Application (class 1) / Judgment Following Hearing
Outcome
Appeal dismissed; Development Application refused
Legal Topics
['development Application' 'owners Consent' 'road Safety' 'environmental Impact' 'noise' 'jurisdictional Requirements']
['environmental Law' 'planning Law'] ['development Application' 'owners Consent' 'road Safety' 'environmental Impact' 'noise' 'jurisdictional Requirements']

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Procedural Posture

Appeal Against Refusal of Development Application (class 1) / Judgment Following Hearing

Legal Issues

  1. 1 ['Whether there is a jurisdictional requirement for owners consent for works on private land (Tiyces Lane)' 'Whether sufficient information has been provided to assess road safety and functionality' 'Whether the development application complies with statutory requirements for supporting information' 'Whether removal of restriction of access is permissible' 'Adequacy of noise impact information']

Ratio Decidendi

The appeal is dismissed because there is insufficient information to determine if works on Tiyces Lane require owners consent, and the supporting documents do not comply with statutory requirements. The Court cannot grant consent to a development application where jurisdictional requirements regarding owners consent and supporting information have not been satisfied.

Court Disposition

Appeal dismissed; Development Application refused

Orders

  • ['The appeal is dismissed.' 'Development Application 0330/1617 for establishment of an extractive industry, on Lots 1 and 2 DP 1094055 is refused.' 'The exhibits, except for Exhibits A, B, 2, 18, 20 and 24, are returned.']