Mudgee Stone Company Pty Limited v The Oberon Council [2004] NSWLEC 741

Mudgee Stone Company Pty Limited v The Oberon Council [2004] NSWLEC 741

The proposal does not constitute designated development as the quarry's disturbed area remains under two hectares and access routes are not included. Technical evidence demonstrates impacts can be mitigated by conditions of consent, so the appeal is upheld and deferred development consent granted for the quarry, subject to detailed conditions.

Jurisdiction
Australia
Judgment Date
22 December 2004
Procedural Posture
Class 1 Appeal / Judgment
Outcome
Appeal upheld; deferred development consent granted.
Legal Topics
['quarry Development' 'noise Impact' 'scenic Impact' 'pollution' 'rural Amenity' 'road Access' 'traffic' 'explosions' 'development Consent' 'public Interest']
['environmental Law' 'planning Law'] ['quarry Development' 'noise Impact' 'scenic Impact' 'pollution' 'rural Amenity' 'road Access' 'traffic' 'explosions' 'development Consent' 'public Interest']

Case Brief

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Procedural Posture

Class 1 Appeal / Judgment

Legal Issues

  1. 1 ['Whether the quarry proposal constitutes designated development under the Environmental Planning and Assessment Act 1979 and associated Regulations' 'Whether development consent was required for road works and access rights of way' 'Whether the proposal is in the public interest considering local objection and amenity impacts' 'Whether technical evidence supports unacceptable impacts from the proposed quarry' 'Whether conditions of consent sufficiently mitigate impacts']

Ratio Decidendi

The proposal does not constitute designated development as the quarry's disturbed area remains under two hectares and access routes are not included. Technical evidence demonstrates impacts can be mitigated by conditions of consent, so the appeal is upheld and deferred development consent granted for the quarry, subject to detailed conditions.

Court Disposition

Appeal upheld; deferred development consent granted.

Orders

  • ['Appeal is upheld.' 'Deferred Development Consent is granted to a quarry of not more than 0.52 ha disturbed area within a 1.4 ha total site at Lot 13 DP 603429 Duckmaloi Road, Parish of Norway, Oberon, as shown in the Statement of Environmental Effects and subject to conditions in Annexure A.' 'Exhibits are...