Birdon Contracting Pty Limited v Hawkesbury City Council [2009] NSWLEC 1395

Land and Environment Court of New South Wales

CITATION : Birdon Contracting Pty Limited v Hawkesbury City Council [2009] NSWLEC 1395

APPLICANT Birdon Contracting Pty Limited PARTIES : RESPONDENT Hawkesbury City Council

FILE NUMBER(S) : 11133 of 2008

CORAM: Brown C

KEY ISSUES: CONSENT ORDERS :- modification application - extraction of sand - objections - whether substantially the same development - whether designated development

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulations 2000

CASES CITED: Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298

DATES OF HEARING: 17,18 August 2009

EX TEMPORE JUDGMENT DATE : 18 August 2009

APPLICANT Mr J Webster SC SOLICITORS Russell C Byrnes Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr S Griffiths, solicitor SOLICITORS Pikes Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

18 August 2009

11133 of 2008 Birdon Contracting Pty Limited v Hawkesbury City Council

JUDGMENT 1 COMMISSIONER: This matter comes before the Court for consent orders in relation to an application to modify development consent DA 013/95 for the extraction of sand at Lot 2 DP 628806, 6102 Singleton Road, Colo Heights. 2 Development consent DA 013/95, in general terms, provides for: o a maximum extraction of 2 million tonnes of sand, o a maximum sand extraction of 100,000 tonnes annually, o a lifespan of 25 years, with consent lapsing on 23 December 2021, o truck movements between 8 and 16 daily, and o a final landform to allow grazing and a large dam. The proposed modifications 3 The application proposes to modify conditions 1, 2, and B3.