Hebden Quarries Pty Ltd v Singleton Shire Council [2022] NSWLEC 1133

Land and Environment Court New South Wales

Medium Neutral Citation: Hebden Quarries Pty Ltd v Singleton Shire Council [2022] NSWLEC 1133 Hearing dates: Conciliation Conference on 14 February 2022 Date of orders: 24 March 2022 Decision date: 24 March 2022 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The appeal is upheld. (2) Modification application DA236/1997.6 is approved and development consent DA236/1997 granted on 10 July 1998 for a hard rock quarry on the land described as Lots 1 and 5 DP 1012182, Pictons Lane, Hebden is modified in the terms set out in Annexure A. (3) As a consequence of the modification, development consent DA236/1997 is subject to the consolidated, modified conditions of consent set out in Annexure B. Catchwords: MODIFICATION APPLICATION – hard rock quarry – modification to allow importation, storing, blending and sales of electric arc furnace slags, cement fibre board and ash with the existing quarry products – dispute about conditions imposed by Council on approval of application – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: Hebden Quarries Pty Ltd (Applicant) Singleton Shire Council (Respondent) Representation: Counsel: J Farrell (Applicant) M Caban (Solicitor) (Respondent)

Solicitors: Minter Ellison (Applicant) Local Government Legal (Respondent) File Number(s): 2021/296478 Publication restriction: Nil