Bell Quarry Rehabilitation Project Pty Ltd v Lithgow City Council [2022] NSWLEC 123

Land and Environment Court New South Wales

Medium Neutral Citation: Bell Quarry Rehabilitation Project Pty Ltd v Lithgow City Council [2022] NSWLEC 123 Hearing dates: 5 October 2022 Date of orders: 10 October 2022 Decision date: 10 October 2022 Jurisdiction: Class 1 Before: Moore J Decision: See orders at [36] Catchwords: SEPARATE QUESTION - Class 1 development appeal - applicant for development consent seeks to have separate questions set down for determination - appeal concerning substantial proposed landfill development to rehabilitate former quarry site - haul road for trucks to the proposed development site from a main highway is along a road not constructed entirely within its road reserve - deviations from the road reserve on two private property and National Park - no owners consent to use the road where it deviates from the road reserve onto private property - proposed questions involve mixed matters of fact and law - proposed questions unlikely to result in finalisation of Class 1 proceedings - proposed questions unlikely to significantly narrow the issues in the Class 1 proceedings - risk that determination of separate questions would cause significant delay to hearing and determination of all issues in dispute in the Class 1 appeal - application for separate question hearing refused - costs reserved Legislation Cited: Blue Mountains Local Environmental Plan 2015, cl 6.23(1)(e) Civil Procedure Act 2005, s 56 Land and Environment Court Act 1979, s 40 Lithgow Local Environmental Plan 2014, cl 7.10(e) Roads Act 1993 Uniform Civil Procedure Rules 2005, r 28.2 Cases Cited: Fritton v Central Coast Council [2022] NSWLEC 1215 Hallinan and Ors v Transport for NSW [2022] NSWLEC 119 Category: Procedural rulings Parties: Bell Quarry Rehabilitation project Pty Ltd (Applicant) Lithgow City Council (First Respondent) Blue Mountains City Council (Second Respondent) Representation: Counsel: Mr T Robertson SC (Applicant on the Motion) Mr A Pickles SC (First and Second Respondents on the Motion)