Liverpool City Council v Moorebank Recyclers Pty Limited; Benedict Industries Pty Ltd v Minister for Planning (No 3) [2017] NSWLEC 83

Liverpool City Council v Moorebank Recyclers Pty Limited; Benedict Industries Pty Ltd v Minister for Planning (No 3) [2017] NSWLEC 83

Given the revised proposed conditions of approval agreed by parties following expert evidence and legitimate concerns, the appeal is upheld and approval is granted subject to those conditions.

Parties
Applicant: Liverpool City Council; First Respondent: Moorebank Recyclers Pty Ltd; Second Respondent: Minister for Planning; First Applicant: Benedict Industries Pty Ltd; Second Applicant: Tanlane Pty Ltd
Jurisdiction
Australia
Judgment Date
14 July 2017
Procedural Posture
Objector Appeal / Disputed Conditions Following Earlier Judgment; Orders Following Agreement on Conditions
Outcome
Appeal upheld; approval granted subject to agreed conditions
Legal Topics
Objector Appeal, Approval of Material Recycling Facility, Conditions of Approval
Planning and Environment Objector Appeal Approval of Material Recycling Facility Conditions of Approval

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Parties

Liverpool City Council

Applicant

Moorebank Recyclers Pty Ltd

First Respondent

Minister for Planning

Second Respondent

Benedict Industries Pty Ltd

First Applicant

Tanlane Pty Ltd

Second Applicant

Procedural Posture

Objector Appeal / Disputed Conditions Following Earlier Judgment; Orders Following Agreement on Conditions

Legal Issues

  1. 1 Whether approval for construction and operation of a materials recycling facility at Moorebank should be granted and under what conditions
  2. 2 Whether the conditions of approval address concerns raised in opposition

Ratio Decidendi

Given the revised proposed conditions of approval agreed by parties following expert evidence and legitimate concerns, the appeal is upheld and approval is granted subject to those conditions.

Court Disposition

Appeal upheld; approval granted subject to agreed conditions

Orders

  • The appeal is upheld in each proceeding.
  • Approval is granted to project application 05-0157 referred to in Schedule A, subject to conditions referred to in Schedules B-D of the approval in Annexure A.