Nader v Shoalhaven City Council [1988] NSWLEC 118

Nader v Shoalhaven City Council [1988] NSWLEC 118

On consideration of all relevant environmental, social, and economic factors arising under section 90 of the Environmental Planning and Assessment Act, and balancing individual and cumulative impacts, conditional development consent for the quarry should be granted, with stringent conditions to mitigate environmental and amenity risks.

Jurisdiction
Australia
Judgment Date
04 May 1988
Procedural Posture
Appeal / Final Judgment
Outcome
appeal upheld; development consent granted with conditions
Legal Topics
['development Consent' 'extractive Industry' 'environmental Impact Statement' 'public Interest' 'amenity' 'noise Pollution' 'dust Generation' 'traffic Safety' 'water Pollution']
['environmental Law' 'planning Law'] ['development Consent' 'extractive Industry' 'environmental Impact Statement' 'public Interest' 'amenity' 'noise Pollution' 'dust Generation' 'traffic Safety' 'water Pollution']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Potential for water pollution and adequacy of sedimentation dam' 'Visual impact of quarry' 'Potential for dust generation' 'Traffic danger at highway intersection' 'Noise pollution from quarry operations' 'Hazard of fly rock' 'Social and economic effects, including existence of alternative resources' 'Effect on local amenity (tourism and land values)']

Ratio Decidendi

On consideration of all relevant environmental, social, and economic factors arising under section 90 of the Environmental Planning and Assessment Act, and balancing individual and cumulative impacts, conditional development consent for the quarry should be granted, with stringent conditions to mitigate environmental and amenity risks.

Court Disposition

appeal upheld; development consent granted with conditions

Orders

  • ['The appeal is upheld.' 'Development consent is granted to the application for a basalt quarry and associated processing activities at Portion 73, Parish of Termeil, Lake Tabourie, subject to conditions listed in the attached Schedule.' 'The exhibits may be returned.' 'No order as to costs.']