Sell & Parker Pty Ltd v Minister for Planning [2023] NSWLEC 1523

Land and Environment Court New South Wales

Medium Neutral Citation: Sell & Parker Pty Ltd v Minister for Planning [2023] NSWLEC 1523 Hearing dates: 29-31 May 2023, final written submissions 30 June 2023 Date of orders: 13 September 2023 Decision date: 13 September 2023 Jurisdiction: Class 1 Before: Walsh C Decision: The Court directs that: (1) By 05 October 2023, the parties are to confer and, if possible, agree on the particulars of conditions of consent, which are to reflect the findings of this judgment, and file the agreed conditions. (2) If the parties are not able to agree on the interpretation of my findings and particulars of conditions of consent by 05 October 2023, each party is to file in Court and serve the party's version of the appropriate conditions with brief notes in support. (3) Liberty to restore is available in the normal manner, and online Court submissions can be made should there be agreed modifications to the timetable above. Catchwords: DEVELOPMENT APPLICATION – State significant development – increased throughput for metal recovery and recycling facility – acoustic walls – noise impacts on residential and non-residential receivers – project noise trigger levels – operational hours – operational noise limits – noise performance monitoring – need for real time monitoring – flooding implications of noise walls – air quality monitoring –ongoing function of Secretary of the Department of Planning and Environment – structural aspects of consent document – extensive disagreement on consent conditions Legislation Cited: Blacktown Local Environmental Plan 2015, cll 5.21, 7.3, 7.5 Environmental Planning and Assessment Act 1979 ss 4.12, 4.15, 4.17, 4.36, 4.38, 4.40, 4.5 Land and Environment Court Act 1979, s 39 Protection of the Environment Operations Act 1997, Ch 3 State Environmental Planning Policy (Planning Systems) 2021, ss 2.6, 2.7, Sch 1, s 23 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 3, ss 3.11, 3.12, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.153, 2.122 Cases Cited: Ulan Coal Mines Limited v Minister for Planning and Moolarben Coal Mines Pty Limited (2008) 160 LGERA 20; [2008] NSWLEC 185 Texts Cited: Department of Environment and Climate Change, Storing and Handling of Liquids: Environmental Protection – Participants Manual, 2007 Marsh C and Downey C, Determining the Noise Policy for Industry Noise Amenity Category for Residential Receivers, Acoustics Australia, Vol 50 No 3, September 2022 NSW Environment Protection Authority, Noise Policy for Industry, October 2017 Category: Principal judgment Parties: Sell & Parker Pty Ltd (Applicant) Minister for Planning (First respondent) Independent Planning Commission (Second respondent) Representation: Counsel: T Howard SC (Applicant) L Sims (First and Second respondent)