NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Sell & Parker Pty Ltd v Minister for Planning (No 2) [2023] NSWLEC 1661 Hearing dates: On the papers Date of orders: 08 November 2023 Decision date: 08 November 2023 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is upheld. (2) State significant development application SSD-10396, for increased throughput to the metal recovery and recycling facility at 23-43 and 45 Tattersall Road, Kings Park, is determined by the grant of consent subject to the conditions in Annexure A. (3) Exhibits A, B and C are retained. The rest of the exhibits are returned to the party which tendered them. Catchwords: DEVELOPMENT APPLICATION – State significant development – increased throughput for metal recovery and recycling facility – conditions of consent Cases Cited: Sell & Parker Pty Ltd v Minister for Planning [2023] NSWLEC 1523 Texts Cited: 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)
Solicitors: Norton Rose Fulbright Australia (Applicant) Department of Planning and Environment (First and Second Respondent) File Number(s): 2022/265917 Publication restriction: Nil
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