Menangle Sand and Soil Pty Ltd v Minister for Planning [2020] NSWLEC 1425

Land and Environment Court New South Wales

Medium Neutral Citation: Menangle Sand and Soil Pty Ltd v Minister for Planning [2020] NSWLEC 1425 Hearing dates: Conciliation conference on 8 September 2020 Date of orders: 10 September 2020 Decision date: 10 September 2020 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The appeal is upheld. (2) Modification to development application DA 85/2865 "Menangle Quarry Extension – Modification 1" (MOD1) lodged by the Applicant on 22 May 2017 with the Minister for Planning, which includes (amongst other things) extending the life of the quarry by 15 years until 2035 by developing a new 13 ha, 2.8 kilometre (km) long southern extraction area (Stage 8) within Lot 203 DP 590247, is approved subject to the conditions set out in 'Annexure A' attached hereto. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 Land and Environment Court Act 1979 State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 Wollondilly Local Environmental Plan 2011 Category: Principal judgment Parties: Menangle Sand and Soil Pty Ltd (Applicant) Minister for Planning (Respondent) Representation: Counsel: T Howard SC with C Ireland (Applicant) J McKelvey (Respondent)