Boral Resources (Country) Pty Ltd v Clarence Valley Council & Avard; Cemex Australia Pty Ltd v Clarence Valley Council & Avard [2009] NSWLEC 81

Reported Decision : 167 LGERA 134

Land and Environment Court of New South Wales

CITATION : Boral Resources (Country) Pty Ltd v Clarence Valley Council & Avard; Cemex Australia Pty Ltd v Clarence Valley Council & Avard [2009] NSWLEC 81

APPLICANT Boral Resources (Country) Pty Ltd (40229 of 2008) Cemex Australia Pty Ltd (40339 of 2008) PARTIES : FIRST RESPONDENT Clarence Valley Council SECOND RESPONDENT Gavan Avard

FILE NUMBER(S) : 40229 of 2008; 40339 of 2008

CORAM: Pain J

JUDICIAL REVIEW :- whether development application properly notified - whether development advertised development - whether notice requirements of DCP could be dispensed with

DESIGNATED DEVELOPMENT :- whether alterations and additions were designated development - whether such characterisation a question of jurisdictional fact - whether council formed an opinion about no significant environmental impact

KEY ISSUES: DEVELOPMENT APPLICATION - whether amendment of development application was for new development

PROCEDURAL FAIRNESS - whether failure to notify objector of decision to accept amendment to development application a breach of procedural fairness - whether legitimate expectation of further notification

DEVELOPMENT APPLICATION - whether failure by consent authority to consider zone objectives as condition precedent to granting of development consent

Environmental Planning and Assessment Act 1979 s 4, s 77A, s 78A , s 79A, s 107 Environmental Planning and Assessment Regulation 2000 cl 5, cl 43, cl 44, cl 55, cl 86, cl 87, cl 88, cl 89, cl 90, Schedule 3 LEGISLATION CITED: Land and Environment Court Act 1979 s 25B, s 25E, s 39(2) Local Government Act 1913 (repealed) Maclean Local Environmental Plan 2001 Part 3