Jasminco Resources Pty Limited v Goulburn Mulwaree Council [2019] NSWLEC 1218

Land and Environment Court New South Wales

Medium Neutral Citation: Jasminco Resources Pty Limited v Goulburn Mulwaree Council [2019] NSWLEC 1218 Hearing dates: 3 – 5, 12 and 18 April 2019 Date of orders: 23 May 2019 Decision date: 23 May 2019 Jurisdiction: Class 1 Before: Bish C Decision: The orders of the Court are as follows: (1) The appeal is dismissed. (2) Development Application 0330/1617 for establishment of an extractive industry, on Lots 1 and 2 DP 1094055, also known as 63 and 65 Curlewin Lane, Towrang is refused. (3) The exhibits, except for Exhibits A, B, 2, 18, 20 and 24, are returned. Catchwords: DEVELOPMENT APPLICATION – quarry – insufficient information to determine owners consent for works on public road – road safety and functionality – removal of restriction of access – noise Legislation Cited: Conveyancing Act 1919 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Goulburn Mulwaree Local Environment Plan 2009 Land and Environment Court Act 1979 Roads Act 1993 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 Cases Cited: Al Maha Pty Ltd v Huajun Investments Pty Ltd [2018] NSWCA 245 Ho-Chung v Bayside Council [2017] NSWLEC 1056 Mison v Randwick Municipal Council (1991) 23 NSWLR 734 Texts Cited: Austroads Guide to Road Design Goulburn Mulwaree Development Control Plan 2009 Industrial Noise Policy 2017, NSW Environment Protection Authority Category: Principal judgment Parties: Jasminco Resources Pty Limited (Applicant) Goulburn Mulwaree Council (Respondent) Representation: Counsel: F Berglund (Applicant) D Miller SC (Respondent)