S J Connelly CPP Pty Ltd v Ballina Shire Council [2010] NSWLEC 128

S J Connelly CPP Pty Ltd v Ballina Shire Council [2010] NSWLEC 128

The proposed development does not involve an industrial process as defined in clause 19(1) of Schedule 3 of the Environmental Planning and Assessment Regulation 2000 and is therefore not designated development requiring an environmental impact statement.

Parties
Applicant: S J Connelly CPP Pty Ltd; Respondent: Ballina Shire Council
Jurisdiction
Australia
Judgment Date
21 July 2010
Procedural Posture
Judicial Review / Final Judgment
Outcome
application granted
Legal Topics
Designated Development, Interpretation of 'industry', Stockpiling Extractive Material
Environmental Law Planning Law Designated Development Interpretation of 'industry' Stockpiling Extractive Material

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Parties

S J Connelly CPP Pty Ltd

Applicant

Ballina Shire Council

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the development application is in respect of designated development under the Environmental Planning and Assessment Act 1979
  2. 2 Whether the proposed stockpiling constitutes 'extractive industry' under the Environmental Planning and Assessment Regulation 2000
  3. 3 Whether the development is ancillary to the Ballina Bypass project

Ratio Decidendi

The proposed development does not involve an industrial process as defined in clause 19(1) of Schedule 3 of the Environmental Planning and Assessment Regulation 2000 and is therefore not designated development requiring an environmental impact statement.

Court Disposition

application granted

Orders

  • Declare that DA 2010/623 is not an application in respect of designated development under s 78A(8)(a) of the Environmental Planning and Assessment Act 1979.
  • Respondent to pay applicant's costs unless a notice of motion regarding costs is filed within 14 days.