GrainCorp Limited v Narrabri Shire Council

Land and Environment Court New South Wales Medium Neutral Citation: GrainCorp Limited v Narrabri Shire Council [2016] NSWLEC 1382 Hearing dates:5 July 2016Date of orders: 05 July 2016 Decision date: 05 July 2016 Jurisdiction:Class 1Before: Hussey AC Decision: The Court orders by consent1. The appeal is upheld2. Development Application No. 18/2016 for proposed upgrade of rail siding facilities at 230 Old Turrawan Road, Narrabri is determined by the granting of consent subject to the conditions in Annexure “A”.3. No orders as to costs4. The exhibits be returned except for 1,2, 5, A, D, E, F Catchwords: Review of condition of consent; restriction on time of train shunting operations, alternative access route Legislation Cited: Environmental Planning & Assessment Act 1979 Category:Principal judgmentParties: GrainCorp Operations Limited (Applicant) Narrabri Shire Council (Respondent) Representation: Solicitors: Mr M Cotton (Respondent) Mr A Whealy (Applicant) File Number(s):2016/162083This determination was given extemporaneouslyand has been edited prior to publicationBackground This appeal relates to a development application that was lodged by GrainCorp seeking consent for the upgrade of an existing grain receivable facility at Old Turrawan Road, Narrabri. The development application sought consent for the replacement of an existing rail siding and the construction of three parallel 290m long rail sidings, and the recommissioning of an existing rail spur. The site is zoned RU1 Rural Primary Production and the proposed works in the development application seek to improve efficiencies associated with a rural industry, which is permissible with consent. According to the Applicant’s Statement of Facts and Contentions the...