Hobhouse v Minister Assisting Minister for Infrastructure and Planning & Anor Mount Gilead Pty Limited v Minister Assisting Minister for Infrastructure and Planning & Anor [2004] NSWLEC 477

Hobhouse v Minister Assisting Minister for Infrastructure and Planning & Anor Mount Gilead Pty Limited v Minister Assisting Minister for Infrastructure and Planning & Anor [2004] NSWLEC 477

Consent was appropriate because the amended project removed the pipe storage and open air maintenance facility, confined use of the site to facilities necessary to retrieve, process and deliver gas, and included agreed visual barriers, landscaping and revised conditions sufficient to minimise visual and noise impacts on the heritage-significant Mount Gilead property; the Court relied on the Minister's and agencies' evaluation for impacts not in issue.

Jurisdiction
Australia
Judgment Date
16 June 2004
Procedural Posture
Appeal by Objectors Pursuant to S 98 of the Environmental Planning and Assessment Act 1979 (nsw) Concerning Development Consent / Ex Tempore Judgment
Outcome
Development consent granted subject to amended conditions; exhibits dealt with; no order for costs.
Legal Topics
['development Consent' 'objector Appeal' 'camden Gas Project Stage 2' 'visual Impacts' 'noise Impacts' 'impact on Items of Heritage Significance' 'visual Barriers' 'landscaping']
['planning and Environment Law' 'heritage Conservation'] ['development Consent' 'objector Appeal' 'camden Gas Project Stage 2' 'visual Impacts' 'noise Impacts' 'impact on Items of Heritage Significance' 'visual Barriers' 'landscaping']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal by Objectors Pursuant to S 98 of the Environmental Planning and Assessment Act 1979 (nsw) Concerning Development Consent / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether development consent should be granted for the Camden Gas Project Stage 2 as amended.' 'Whether the proposed development would have acceptable visual and noise impacts on the Mount Gilead property.' 'Whether amended plans, visual barriers, landscaping and conditions would adequately protect the heritage significance of Mount Gilead.']

Ratio Decidendi

Consent was appropriate because the amended project removed the pipe storage and open air maintenance facility, confined use of the site to facilities necessary to retrieve, process and deliver gas, and included agreed visual barriers, landscaping and revised conditions sufficient to minimise visual and noise impacts on the heritage-significant Mount Gilead property; the Court relied on the Minister's and agencies' evaluation for impacts not in issue.

Court Disposition

Development consent granted subject to amended conditions; exhibits dealt with; no order for costs.

Orders

  • ['I grant development consent to DA 28262003i pursuant to the amended conditions of consent which are attached to these orders and marked as annexure A.' "I order that the exhibits be returned, but for exhibit A1, A16, A34, A37, A39, M4 and M7, which I order be retained with the Court's records." 'There is no order...