Wild Group Pty Ltd v Singleton Shire Council [2010] NSWLEC 1180

Wild Group Pty Ltd v Singleton Shire Council [2010] NSWLEC 1180

After considering the evidence, including expert testimony, public submissions, and relevant planning instruments, the Court finds that, subject to the imposition of agreed mitigation, management conditions and plans, the proposed hard rock quarry is compatible with surrounding land uses, will not result in unacceptable environmental or amenity impacts, and satisfies the requirements of section 79C of the Environmental Planning and Assessment Act 1979. Therefore, development consent should be granted subject to conditions.

Parties
Applicant: Wild Group Pty Ltd; Respondent: Singleton Shire Council
Jurisdiction
Australia
Judgment Date
07 December 2010
Procedural Posture
Development Appeal / Judgment on Merits
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
Development Consent, Quarry Operations, Environmental Impact Assessment, Noise and Blasting Control, Dust and Air Quality, Water Management, Compatibility With Existing Land Uses, Public Interest Under S 79 C Ep&a Act
Planning and Environment Law Development Consent Quarry Operations Environmental Impact Assessment Noise and Blasting Control Dust and Air Quality Water Management Compatibility With Existing Land Uses +1 more

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Parties

Wild Group Pty Ltd

Applicant

Singleton Shire Council

Respondent

Procedural Posture

Development Appeal / Judgment on Merits

Legal Issues

  1. 1 Whether development consent should be granted for a hard rock quarry at 1246A Hebden Road, Hebden
  2. 2 Whether the proposed development is compatible with existing land uses and adequately mitigates impacts (noise, dust, vibration, water, traffic)
  3. 3 Whether the application satisfies the criteria in section 79C of the Environmental Planning and Assessment Act 1979 including public interest, environmental, social and economic impacts

Ratio Decidendi

After considering the evidence, including expert testimony, public submissions, and relevant planning instruments, the Court finds that, subject to the imposition of agreed mitigation, management conditions and plans, the proposed hard rock quarry is compatible with surrounding land uses, will not result in unacceptable environmental or amenity impacts, and satisfies the requirements of section 79C of the Environmental Planning and Assessment Act 1979. Therefore, development consent should be granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • The appeal is upheld.
  • Development Application no 37/2009 for a hard rock quarry at Lot 354 DP 853217 (1246A Upper Hebden Road, Hebden) is approved subject to conditions in Annexure A.