Gloucester Resources Limited v Minister for Planning

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE OF FIRST CLIMATE JUDGMENT

08/02/2019

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Coal mine

REVIEW TYPE

Merits review

SUMMARY

CATCHWORDS: PARTIES – joinder of party – state significant development open cut coal mine- community group raising issues not addressed by existing parties – permissibility of the proposed development – social impact on the residents and community – climate change – intergenerational equity – joinder of community group necessary to sufficiently address issues.

APPEAL – open cut coal mine – impacts on existing, approved and likely preferred uses of land in the vicinity – high visual impact – negative social impacts – impacts of the mine on climate change – economic and public benefits of the mine and other land uses – impacts and costs of mine outweigh benefits of mine – development consent refused

CASE DOCUMENTS

Gloucester Resources Limited v Minister for Planning and Environment (No 2) [2018] NSWLEC 1200
Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 7; 234 LGERA 257

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