North Manilla Petroleum Pty Limited v Greater Hume Shire Council [2023] NSWLEC 1269

Land and Environment Court New South Wales

Medium Neutral Citation: North Manilla Petroleum Pty Limited v Greater Hume Shire Council [2023] NSWLEC 1269 Hearing dates: Conciliation conference on 18 May 2023 Date of orders: 02 June 2023 Decision date: 02 June 2023 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Consent No 10.2021.72.1 is modified in the terms in Annexure A. (3) The consolidated Development Consent No 10.2021.72.2 as modified by the Court is Annexure B. Catchwords: MODIFICATION APPLICATION – amenity (noise impact) – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, Div 4.8, ss 4,5, 4.55, 4.16, 4.17, 8.9 Environmental Planning and Assessment Regulation 2021, ss 23, 113 Greater Hume Local Environmental Plan 2012, Pt 2, cl 2.3 Land and Environment Court Act 1979, ss 17, 34, 39 Cases Cited: Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd (No 3) [2015] NSWLEC 75 Arrage v Inner West Council [2019] NSWLEC 85 Betohuwisa Investments Pty Ltd v Kiama Municipal Council (2010) 177 LGERA 312; [2010] NSWLEC 223 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280 Texts Cited: Greater Hume Council Community Participation Plan 2019 Greater Hume Development Control Plan 2013 Category: Principal judgment Parties: North Manilla Petroleum Pty Limited (Applicant) Greater Hume Shire Council (Respondent) Representation: Counsel: J Reid (Applicant) T Johnson (Solicitor) (Respondent)