Planning and Environment Court

Parklands Blue Metal Pty Ltd v Sunshine Coast Regional Council & Ors [2014] QPEC 024 ; (2014) QPELR 479 (11/0247) Robertson DCJ 16 May 2014

Full-text: QPEC14-024.pdf

Catchwords

APPEAL AGAINST REFUSAL – where proposal has strong planning support in State Planning Policy and Planning Scheme; where proponent must satisfy the Court that the inevitable impacts on amenity from noise, dust, traffic from such a use can be acceptably limited or minimised, and that there is a need and community benefit for quarry products

AMENITY – where visual amenity impacts are alleged to be significant on residences within a 2 kilometre radius of the proposed quarry; where submitters allege unacceptable impacts both visual and general, tangible and intangible.

NEED – where proponent must establish a community benefit; whether proposal is too late in the sense that the Key Resource Area designated for the site is sterilised because of significant residential encroachment since a 1992 approval by this Court for a rezoning to permit extractive industry on the site.

AVIATION SAFETY AND EFFICIENCY – where site is within the flight path of the proposed new east/west runway for the Sunshine Coast Airport; whether fly rock from unconstrained blasting presents an unacceptable safety risk to aircraft departing and arriving via the new runway.

QUARRY PRODUCTS AND OPERATIONS – whether proponent has presented sufficient information to enable the Court to properly assess impacts on environmental and general amenity; where Council expert failed to raise myriad objections and criticisms in the Joint Expert process supervised by the ADR Registrar.