Concrite Quarries Pty Ltd v Wingecarribee Shire Council [2000] NSWLEC 97

Land and Environment Court of New South Wales

CITATION : Concrite Quarries Pty Ltd v Wingecarribee Shire Council [2000] NSWLEC 97 APPLICANT: PARTIES : Concrite Quarries Pty Ltd RESPONDENT: Wingecarribee Shire Council FILE NUMBER(S) : 11116 of 1999 CORAM: Lloyd J KEY ISSUES: Development :- modification application - extension of existing quarry - whether substantially the same development - whether designated development - merit issue LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s.96(2), s.96(6), s.78A(8), Sch 3 CASES CITED: DATES OF HEARING: 02/05/00, 03/05/00, 04/05/00 EX TEMPORE 05/04/2000 JUDGMENT DATE :

APPLICANT: W R Davison SC SOLICITORS: Minter Ellison LEGAL REPRESENTATIVES: RESPONDENT: J A Ayling (barrister) SOLICITORS: B. Bilinsky & Co

JUDGMENT: IN THE LAND AND Matter No: 11116 of 1999 ENVIRONMENT COURT Coram: Lloyd J OF NEW SOUTH WALES Decision date: 4 May 2000

Concrite Quarries Pty Ltd Applicant

v

Wingecarribee Shire Council Respondent

JUDGMENT

HIS HONOUR:

1. This is an appeal under s 96(6) of the Environmental Planning and Assessment Act 1979 against the deemed refusal of an application to modify a development consent. The development consent for which modification is sought is one which was granted by the respondent on 21 December 1993 to development application number DA001/93. That consent was for an extension to a hard rock quarry in accordance with plans prepared by Resource Planning Pty Limited dated December 1992 except where amended by a number of conditions.