Fitzgerald v Central Coast Council [2020] NSWLEC 1445

Land and Environment Court New South Wales

Medium Neutral Citation: Fitzgerald v Central Coast Council [2020] NSWLEC 1445 Hearing dates: 19-20 August 2019; 16-17 March; 2 April 2020 Date of orders: 22 September 2020 Decision date: 22 September 2020 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. 51380/2017 for expansion of existing recycling facility and concrete crushing plant with an increased processing yield of 95,000 tonnes per annum or 1,000 tonnes per day on Lot 23 DP 245530 at 18A Tathra Street, West Gosford subject to the conditions in Annexure "A". (3) The Exhibits may be returned, except for B and 9. Catchwords: DEVELOPMENT APPLICATION – concrete recycling facility – expansion of, and increase in the processing capacity of the facility – air quality – appropriate dust management – visual impacts Legislation Cited: Environmental Planning and Assessment Act 1979 Gosford Local Environmental Plan 2014 Protection of the Environment Operations Act 1997 Cases Cited: BGB Properties Limited v Lake Macquarie City Council (2004) 138 LGERA 237; [2004] NSWLEC 399 Gerroa Environment Protection Society Inc v Minister for Planning and Cleary Bros (Bombo) Pty Ltd (No 2) [2008] NSWLEC 254 Jonah Pty Limited v Pittwater Council (2006) 144 LGERA 408; [2006] NSWLEC 99 Leatch v National Parks and Wildlife Service (1993) 81 LGERA 270 Newcastle & Hunter Valley Speleological Society Inc v Upper Hunter Shire Council and Stoneco Pty Limited (No 2) [2010] NSWLEC 104 Telstra Corporation Ltd v Hornsby Shire Council (2006) 67 NSWLR 256; [2006] NSWLEC 133 Texts Cited: NSW EPA, Approved Methods for the Modelling and Assessment of Air Pollutants in NSW (2005) NSW EPA, Approved methods for the modelling and assessment of air pollutants in NSW (2016) Category: Principal judgment Parties: Denis Fitzgerald (Applicant) Central Coast Council (First Respondent) Recycled Concrete Products Pty Ltd (Second Respondent) Representation: Counsel: J Smith (Applicant) N Eastman (First Respondent) A McKelvey (Solicitor) (Second Respondent)