NRMCA (NSW) Limited v Ready Crete Pty Limited & Anor [1989] NSWLEC 208

Land and Environment Court of New South Wales

CITATION : NRMCA (NSW) Limited v Ready Crete Pty Limited & Anor [1989] NSWLEC 208 APPLICANT NRMCA (NSW) Limited PARTIES : RESPONDENT Ready Crete Pty Limited & Anor

FILE NUMBER(S) : 40033 of 1989 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 06/22/1989

APPLICANT Mr. Wilson LEGAL REPRESENTATIVES: RESPONDENT Mr. Newport

JUDGMENT:

HIS HONOUR: This is a somewhat unusual matter. An application was filed in the Court on 14 February 1989 seeking certain declarations and injunctions relating to a concrete batching plant at York Road, Ingleburn. The application concerned a consent given by the Campbelltown City Council on 10 August 1988 to a plant at the address I have mentioned, to be run by the firstnamed respondent who, since the commencement of these proceedings, has changed its name from Detano Pty. Limited to Ready Crete Pty. Limited.

The original application sought a declaration essentially that the plant was 'designated' under the Environmental Planning and Assessment Act. It was said to be capable of manufacturing more than 20,000 tonnes per annum of concrete products, and was therefore a designated development under Schedule 3 to the EPA Act.

The applicant sought a further declaration that the consent of 10 August 1988 was null and void and of no effect, as well as consequent orders restraining the operations which have been taking place.

The matter was to proceed to a further and final hearing to-day, whereupon I was informed that on 20 June 1989 the second respondent Council granted a further development consent to Ready Crete Pty. Limited to use the premises as a concrete batching plant with a production capacity of 60,000 tonnes per annum on a 'designated' basis. I had not known prior to this moment that there had been a designated development application to the Council made last December, and that the Council had the matter under consideration or indeed had granted approval on 20 June. I am informed that this consent takes effect after 28 days from 20 June when I assume it was notified.