Pegela Pty Ltd v Oberon Earthmoving Pty Limited; Walter Graham Turnbull v Oberon Council [2018] NSWLEC 1624

Pegela Pty Ltd v Oberon Earthmoving Pty Limited; Walter Graham Turnbull v Oberon Council [2018] NSWLEC 1624

The Court upheld the appeals and amended the conditions of development consent upon agreement of the parties following a conciliation conference, finding the agreed resolution addressed all contentions and complied with relevant statutory requirements for a decision the Court could properly make.

Parties
Applicant: Pegela Pty Ltd; First Respondent: Oberon Earthmoving Pty Ltd; Second Respondent: Oberon Council; Applicant: Walter Graham Turnball; First Respondent: Oberon Council; Second Respondent: Oberon Earthmoving Pty Ltd
Jurisdiction
Australia
Judgment Date
03 December 2018
Procedural Posture
Class 1 (objector) Appeal / Orders Following Conciliation Conference
Outcome
Appeals upheld; amended development consent granted with conditions as agreed; no cost order made.
Legal Topics
Development Application, Conciliation Conference, Court Orders, Conditions of Consent, Extractive Industry, Waste Management, Visual Amenity, Traffic, Zone Objectives, Air Quality, Noise, Public Interest
Planning and Environment Law Development Application Conciliation Conference Court Orders Conditions of Consent Extractive Industry Waste Management Visual Amenity +5 more

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Parties

Pegela Pty Ltd

Applicant

Oberon Earthmoving Pty Ltd

First Respondent

Oberon Council

Second Respondent

Walter Graham Turnball

Applicant

Oberon Council

First Respondent

Oberon Earthmoving Pty Ltd

Second Respondent

Procedural Posture

Class 1 (objector) Appeal / Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether amended conditions of development consent address parties' contentions regarding visual amenity, traffic, zone objective consistency, waste management, and public interest.

Ratio Decidendi

The Court upheld the appeals and amended the conditions of development consent upon agreement of the parties following a conciliation conference, finding the agreed resolution addressed all contentions and complied with relevant statutory requirements for a decision the Court could properly make.

Court Disposition

Appeals upheld; amended development consent granted with conditions as agreed; no cost order made.

Orders

  • Oberon Earthmoving Pty Ltd granted leave to rely on amended plans and documents per condition 1 of consent annexed 'A'.
  • The appeals, 2018/00129047 and 2018/00132872, are upheld.