Facts: This was an appeal against the refusal
of a development application for a quarry.
The haul route for the proposal was the primary basis of the
Council's opposition to the proposal. It had effectively
conceded that the impacts of the proposal, if appropriately
managed, would be acceptable.
An existing quarry, Kings Quarry was located approximately 1 km
east of the site. It used Barrie Lane as its haul route to connect
with Homebush Road. Barrie Lane was only partly unsealed. The
submitters in these proceedings lived along the eastern part of
Barrie Lane. It was estimated that additional traffic from the
proposed development would represent an approximately 14% increase
upon current volumes on the eastern end of Barrie Lane.
The Court considered issues arising from the Good Quality
Agricultural Land Overlay Code and the Extractive Industry Code. It
also considered the need for the proposal.
Decision: The Court held, in allowing the
The use of Barrie Lane as contemplated would make worse an
already unsafe situation unless upgrading was carried out.
The issue of fairness of the Appellant having to pay to
ameliorate the impacts of the existing quarry operations was
obvious. However, unfairness as between developers which may arise
according to whether they come in to the field sooner or later, is
not a factor in determining the appropriateness of conditions, even
though fairness may be a factor in determining whether a condition
fairly and reasonably "relates" to a proposed development
and is reasonably required by it. Ajana Park Pty Ltd v Mackay
City Council  QCA 404 referred to.
The need, whilst on a small scale, was sufficient if necessary
to override the use of agricultural land for the purposes of the
The difficult issue was whether the grounds put forward
outweighed traffic concerns arising from the intended use of Barrie
The Court rejected the notion that there need be anything
unique or special about the rock on the site. It was enough that it
could be won and supplied more cheaply without adverse
It should be a condition of approval that product extracted and
removed from the site should be hauled only along sealed
Given that there was no impact threatened to mapped GQAL
currently or at any recent time that could be pointed to being
taken out of actual agricultural production, any conflict with the
GQAL-related provisions of the Planning Scheme was essentially
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The Council announced planning policies to encourage more inner suburban retirement village and aged care development.
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