Perilya Broken Hill Limited v Broken Hill City Council [2011] NSWLEC 1310

Perilya Broken Hill Limited v Broken Hill City Council [2011] NSWLEC 1310

The Court gave determinative weight to safety concerns regarding the slowing and turning of heavy vehicles in a high speed environment, accepting the need for a more cautious and substantive intersection upgrade. The cost of the hybrid AUL slip lane option was found reasonable relative to the safety benefits, in accordance with Austroads guidelines and road authority requirements.

Parties
Applicant: Perilya Broken Hill Limited; Respondent: Broken Hill City Council
Jurisdiction
Australia
Judgment Date
27 October 2011
Procedural Posture
Development Application Appeal / Judgment After Hearing
Outcome
Appeal upheld in part
Legal Topics
Development Consent, Traffic Management, Road Safety, Haulage Routes, Intersection Upgrades
Planning and Environment Law Development Consent Traffic Management Road Safety Haulage Routes Intersection Upgrades

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Parties

Perilya Broken Hill Limited

Applicant

Broken Hill City Council

Respondent

Procedural Posture

Development Application Appeal / Judgment After Hearing

Legal Issues

  1. 1 Appropriate haulage route for heavy vehicles and standard of intersection upgrades required as a condition of development consent

Ratio Decidendi

The Court gave determinative weight to safety concerns regarding the slowing and turning of heavy vehicles in a high speed environment, accepting the need for a more cautious and substantive intersection upgrade. The cost of the hybrid AUL slip lane option was found reasonable relative to the safety benefits, in accordance with Austroads guidelines and road authority requirements.

Court Disposition

Appeal upheld in part

Orders

  • Condition 11 of the amended consent in DA 448/2004 is amended as set out in Annexure A.
  • Exhibits may be returned except for 1, 2, 4 and A.