Mansfield v Minister for Planning & Anor [2011] NSWLEC 1289

Land and Environment Court New South Wales

Medium Neutral Citation: Mansfield v Minister for Planning & Anor [2011] NSWLEC 1289 Hearing dates: 5-8 September 2011 Decision date: 30 September 2011 Jurisdiction: Class 1 Before: Pearson C Johnson AC Decision: With the exception of paragraphs [27], [32] and [33] of his affidavit, the evidence of Dr Clarke is admitted Catchwords: Evidence - expert evidence - whether relevant - whether unqualified opinion Legislation Cited: Environmental Planning and Assessment Act 1979 Evidence Act 1995 Land and Environment Court Act 1979 Cases Cited: Dasreef Pty Ltd v Hawchar [2011] HCA 21 Diamond v Minister for Planning [2004] NSWLEC 84 Hinset Pty Ltd v Lane Cove Council [2011] NSWLEC 120 Category: Procedural and other rulings Parties: David Mansfield (Applicant) Minister for Planning (First Respondent) Hanson Construction Materials Pty Ltd (Second Respondent) Representation: Counsel C Leggatt SC with V McWilliam (Applicant) J Hutton (First Respondent) N Hemmings QC (Second Respondent) Solicitors M O'Connor, Addisons (Applicant) C Hanson, Legal Services Department of Planning (First Respondent) P Lalich, Allens Arthur Robinson (Second Respondent) File Number(s): 10124 of 2011

Judgment 1In these proceedings Mr David Mansfield (the applicant) has appealed pursuant to s75L of the Environmental Planning and Assessment Act 1979 (the Act) against the approval granted by the Minister for Planning (the first respondent) under Part 3A of the Act on 6 January 2011 to Hanson Construction Materials Pty Ltd (the second respondent) for a hard rock quarry to extract, process and transport by road up to 400,000 tonnes of basalt a year for 25-30 years (the Project). 2The Court has had a view of the Project site and heard evidence from objectors; evidence from two expert geologists concerning the drilling and other investigations undertaken on behalf of the second respondent and by others; and evidence concerning the second respondent's proposed management plans. 3The applicant seeks to rely on expert evidence from Dr Christopher Clarke in the form of an affidavit sworn by him on 22 July 2011. The second respondent objects to the entirety of the affidavit on the basis of relevance and to certain paragraphs on the basis that they are the expression of an unqualified opinion.