Hunter Development Brokerage Pty Limited trading as HDB Town Planning and Design v Singleton Council [2022] NSWLEC 64

Land and Environment Court New South Wales

Medium Neutral Citation: Hunter Development Brokerage Pty Limited trading as HDB Town Planning and Design v Singleton Council [2022] NSWLEC 64 Hearing dates: 14, 15, 16, 17, 20 and 21 December 2021 Further submissions 11 and 14 February 2022 Date of orders: 3 June 2022 Decision date: 03 June 2022 Jurisdiction: Class 1 Before: Duggan J Decision: See paragraphs 101 and 102 Catchwords: ENVIRONMENT AND PLANNING — class 1 appeal — application to modify a development consent pursuant to s 4.56 Environmental Planning and Assessment Act 1979 (NSW) — electricity generating power plant — coal tailings used as fuel — addition of biomass as fuel source — whether proposed development substantially the same — not substantially the same — appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Cases Cited: Arrage v Inner West Council [2019] NSWLEC 85 Greenpeace Australia Ltd v Redbank Power Company Pty Ltd and Singleton Council (1994) 86 LGERA 143 Hunter Industrial Rental Equipment Pty Ltd v Dungog Shire Council (2019) 101 NSWLR 1 Ku-ring-gai Council v Buyozo Pty Ltd (2021) 248 LGERA 300 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298 North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468 Reading Properties Pty Ltd v Auburn Council (2007) 158 LGERA 116 Sydney City Council v Ilenace Pty Ltd [1984] 3 NSWLR 414 Vacik Pty Ltd v Penrith City Council [1992] NSWLEC 8 Category: Principal judgment Parties: Hunter Development Brokerage Pty Limited trading as HDB Town Planning and Design (Applicant) Singleton Council (Respondent) Representation: Counsel: P Tomasetti SC and M Astill (Applicant) T Robertson SC and J Walker (Respondent)