Boral Resources (NSW) Pty Ltd v Camden Council [2018] NSWLEC 1623

Land and Environment Court New South Wales

Medium Neutral Citation: Boral Resources (NSW) Pty Ltd v Camden Council [2018] NSWLEC 1623 Hearing dates: 22 & 23 August 2018; 18 October 2018 (online court); 29 October 2018; 1 November 2018 Date of orders: 05 December 2018 Decision date: 05 December 2018 Jurisdiction: Class 1 Before: Maston AC Decision: The orders of the Court are: (1) The Applicant's written request to vary the height of the building development standard under cl 4.3 of Camden Local Environmental Plan 2010 is granted pursuant to the jurisdiction of the Court under cl 4.6 of that instrument; (2) The appeal is upheld; (3) Development Consent is granted for the mobile concrete batching plant and associated buildings on Lot 100 DP 1203966, the subject of Development Application No. DA2016/578/1, subject to the conditions set out in Annexure "A". (4) The exhibits may be returned, except for Exhibits 1A, 1B and 11 (set of approved plans of the concrete works). Catchwords: DEVELOPMENT APPLICATION: concrete batching plant (mobile) – permissibility on the site of an existing Extractive Industry – height of buildings – acoustic amenity of neighbourhood – visual appearance – likely future character of area – truck road noise – measures for mitigation of noise and traffic – whether proposed development is in the interest of the public and addresses the impacts in the locality Legislation Cited: Camden Local Environmental Plan 2010 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 State Environmental Planning Policy No 64 – Advertising and Signage State Environmental Planning Policy (Sydney Region Growth Centres) 2005 Cases Cited: Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 Cranbrook School v Woollahra Council (2006) 66 NSWLR 379; 146 LGERA 313 DM & Longbow Pty Ltd v Willoughby City Council [2017] NSWLEC 173 Eaton & Sons Pty Ltd v Warringah Shire Council (1972) 129 CLR 270 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Kismet Engineering Pty Ltd v Brisbane City Council (1959) 102 CLR 574; [1959] HCA 49 Lemworth Pty Ltd v Liverpool City Council (2001) 53 NSWLR 371; (2001) 117 LGERA 305 (CA) Parramatta City Council v Brickworks Limited (1972) 128 CLR 1; [1972] HCA 21 People for Plains Inc v Santos NSW (Eastern) Pty Ltd [2017] NSWCA 46 Randwick City Council v Micaul Holdings Pty Ltd (2016) 225 LGERA 94; [2016] NSWLEC 7 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2017] NSWLEC 827 Texts Cited: Camden Development Control Plan 2014 NSW Road Noise Policy Category: Principal judgment Parties: Boral Resources (NSW) Pty Ltd (Applicant) Camden Council (Respondent) Representation: Counsel: C McEwen SC with Dr J Smith (Applicant) A Pickles SC (Respondent)