NSW Quarry Services Pty Ltd v Kempsey Shire Council [2020] NSWLEC 1414

NSW Quarry Services Pty Ltd v Kempsey Shire Council [2020] NSWLEC 1414

Because the parties' agreed decision satisfied the relevant jurisdictional prerequisites for a modification under s 4.55(1A) of the Environmental Planning and Assessment Act 1979 and was a decision the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
07 September 2020
Procedural Posture
Class 1 Appeal Against Deemed Refusal of a Modification Application / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Agreed Orders
Outcome
Appeal upheld; modification application approved; development consent subject to consolidated, modified conditions.
Legal Topics
['modification Application' 'development Consent Conditions' 'quarry Development' 'conciliation Conference' 'agreement Between Parties']
['environmental Planning and Assessment' 'land and Environment Court Procedure'] ['modification Application' 'development Consent Conditions' 'quarry Development' 'conciliation Conference' 'agreement Between Parties']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of a Modification Application / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Agreed Orders

Legal Issues

  1. 1 ['Whether the modification application under s 4.55(1A) of the Environmental Planning and Assessment Act 1979 satisfied the jurisdictional prerequisites for approval.' "Whether the parties' agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether conditions imposed under s 7.11 of the Environmental Planning and Assessment Act 1979 could be disallowed or amended on appeal under s 7.13(3) of that Act.']

Ratio Decidendi

Because the parties' agreed decision satisfied the relevant jurisdictional prerequisites for a modification under s 4.55(1A) of the Environmental Planning and Assessment Act 1979 and was a decision the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; modification application approved; development consent subject to consolidated, modified conditions.

Orders

  • ['The appeal is upheld.' 'Modification Application No DA T6-14-53 (Rev 04) to modify Development Consent No DA T6-14-53 in relation to the existing quarry at 593 Gowings Hill Road, Dondingalong NSW is determined by approving the modifications as set out in Annexure "A".' 'As a consequence of order (2), Development...