Boral Resources (NSW) Pty Ltd v The Council of Camden trading as Camden Council [2023] NSWLEC 1562

Land and Environment Court New South Wales

Medium Neutral Citation: Boral Resources (NSW) Pty Ltd v The Council of Camden trading as Camden Council [2023] NSWLEC 1562 Hearing dates: Conciliation conference on 9 August 2023 Date of orders: 25 September 2023 Decision date: 25 September 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is to pay the respondent's costs thrown away as a result of the amendment of the application for development consent in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (2) The appeal is upheld. (3) Development consent is granted to development application no. DA/2022/831/1, as amended, for increased production volume at the existing concrete batching plant from 125,000 tonnes per annum to 480,000 tonnes per annum, extended hours of operation and acoustic wall on land legally described as Lot 100 in DP 1203966 known as 80 Greendale Road, Bringelly, subject to the conditions in Annexure A. Catchwords: APPEAL – development application – existing concrete batching plant – proposed increase in production volumes – conciliation conference – agreement between the parties – orders Legislation Cited: Camden Local Environmental Plan 2010, cll 2.3, 5.21, 5.23, 6.1 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.15(3) Environmental Planning and Assessment Regulation 2021, ss 23, 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy Amendment (Water Catchments) 2022 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 6, 9, 12, s 6.65 State Environmental Planning Policy (Precincts – Western Parkland City) 2021, Ch 3, ss 3.21, 3.22 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Resources and Energy) 2021, ss 2.9, 2.19, 3.11, Sch 3 Div 1 s 4 Category: Principal judgment Parties: Boral Resources (NSW) Pty Ltd (Applicant) The Council of Camden trading as Camden Council (Respondent) Representation: Counsel: J Smith (Applicant) M Astill (Respondent)