Stratford Coal Pty Ltd v Minister for Planning [2019] NSWLEC 8

Land and Environment Court New South Wales

Medium Neutral Citation: Stratford Coal Pty Ltd v Minister for Planning [2019] NSWLEC 8 Hearing dates: 13-17, 20-24, 27-28 August 2018 Date of orders: 08 February 2019 Decision date: 08 February 2019 Jurisdiction: Class 1 Before: Preston CJ Decision: The Court orders: (1) The appeal is dismissed. (2) Modification application "Stratford Extension Project Modification-1" submitted by Stratford Coal Pty Ltd is determined by refusing to modify the development consent (SSD 4966) for the Stratford Extension Project granted by the Planning Assessment Commission, as delegate for the Minister for Planning, on 29 May 2015. Catchwords: APPEAL – modification application – modification of consent to transport and process coal from another mine – consent for other mine refused – no purpose in modification application as a consequence – modification application refused Legislation Cited: Environmental Planning and Assessment Act 1979 Cases Cited: Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 7 Category: Principal judgment Parties: Stratford Coal Pty Ltd (Applicant) Minister for Planning (First Respondent) Groundswell Gloucester Inc (Second Respondent) Representation: Counsel: Mr R Beasley SC, Ms A Mitchelmore SC (Applicant) Ms K Stern SC, Ms T Phillips, Mr M Sherman (Respondent) Mr R White (Second Respondent)

Solicitors: Minter Ellison (Applicant) Department of Planning and Environment (Respondent) Environmental Defenders Office (Second Respondent) File Number(s): 2018/23580 Publication restriction: Nil