Lopiglow Pty Ltd v Bellingen Shire Council [1988] NSWLEC 112

Lopiglow Pty Ltd v Bellingen Shire Council [1988] NSWLEC 112

Development consent should be granted because the principal environmental concerns about dredging, oysters, birdlife and flood impacts were not shown to warrant refusal, and traffic safety concerns could be addressed by requiring access via Valery Road and upgrading the Valery Road intersection rather than allowing the proposed new Pacific Highway access. The disputed bond and main access condition were reasonable, while retaining wall conditions should be limited to the settling pond retaining walls and bins for selected materials.

Jurisdiction
Australia
Judgment Date
23 March 1988
Procedural Posture
Appeal Pursuant to Section 97(l) of the Environmental Planning and Assessment Act Against Deemed Refusal of Development Consent / Final Judgment
Outcome
Appeal upheld; development consent granted subject to conditions; exhibits may be returned; costs reserved.
Legal Topics
['extractive Industry' 'sand Dredging' 'designated Development' 'traffic Access' 'flood Liable Land' 'oyster Leases' 'environmental Impact Assessment']
['environmental Planning and Assessment' 'land and Environment' 'development Consent'] ['extractive Industry' 'sand Dredging' 'designated Development' 'traffic Access' 'flood Liable Land' 'oyster Leases' 'environmental Impact Assessment']

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Procedural Posture

Appeal Pursuant to Section 97(l) of the Environmental Planning and Assessment Act Against Deemed Refusal of Development Consent / Final Judgment

Legal Issues

  1. 1 ['Whether development consent should be granted for dredging sand from the Raleigh Shoal in the Bellinger River and processing it on Lot 3, D.P. 740565 at Raleigh.' 'Whether dredging would have adverse effects on bank and bed stability, birdlife, or the oyster industry.' 'Whether the proposed access to the Pacific Highway would adversely affect traffic safety.' 'Whether floodwaters would cause residual material from stockpiles to be deposited on adjacent agricultural land or drains.' 'Whether the proposed conditions concerning Valery Road access, a bond, and retaining of stockpiles were reasonable.']

Ratio Decidendi

Development consent should be granted because the principal environmental concerns about dredging, oysters, birdlife and flood impacts were not shown to warrant refusal, and traffic safety concerns could be addressed by requiring access via Valery Road and upgrading the Valery Road intersection rather than allowing the proposed new Pacific Highway access. The disputed bond and main access condition were reasonable, while retaining wall conditions should be limited to the settling pond retaining walls and bins for selected materials.

Court Disposition

Appeal upheld; development consent granted subject to conditions; exhibits may be returned; costs reserved.

Orders

  • ['The appeal be upheld.' "Development Application No. 1724 by Lopiglow Pty. Limited for the dredging of sand from the Raleigh Shoal in the Bellinger River and its transport and subsequent processing for commercial purposes upon land known as Lot 3, D.P. 740565, with frontage to both Valery Road and the Pacific...