Nader v Shoalhaven City Council [1988] NSWLEC 118

Land and Environment Court of New South Wales

CITATION : Nader v Shoalhaven City Council [1988] NSWLEC 118 APPLICANT Nader PARTIES : RESPONDENT Shoalhaven City Council FILE NUMBER(S) : 10408 of 1987 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act CASES CITED: Bignall v. Greater Taree City Council 1987; Capital Quarries Pty. Ltd. v. Gunning Shire Council 1987 DATES OF HEARING: 04/05/1988 DATE OF JUDGMENT: 05/04/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: This is an appeal pursuant to section 97(l) of the Environmental Planning and Assessment Act against the deemed refusal of development consent for a basalt quarry at Portion 73, Parish of Termeil, Lake Tabourie. Subsequent to the lodging of the appeal the Council determined the application by refusing consent and communicated its reasons to the applicant on 14 October 1987 as follows:-

"l. Council is of the view that the quarry would have a significantly adverse impact on the environment and that the measures proposed by way of the environmental impact statement would not sufficiently minimise this impact.

2. There is a potential for the pollution of the creek system and Council is not satisfied that the measures which are set out in the environmental impact statement and proposal would sufficiently mitigate this effect.

3. The site adjoins other properties on which there are houses. The noise, dust and vibration emanating from the quarry would have an adverse effect upon the residents of those houses and the properties themselves.

4. The general amenity of the area would suffer to an inordinate degree by the various operations of the quarry.