Things to keep in mind: Recent NSW planning decisions and what those principles say about everyday development

Two recent cases regarding planning permission for NSW Coal Mines have resulted in a 1-1 draw for miners. Approval for a proposed mine extension has been reversed by the Court of Appeal, while a fortnight earlier the Land and Environment Court found that the consent for an open cut coal mine in the upper Hunter Valley had not lapsed as argued by local environment groups. For those not involved in the resource industry, both these cases still raise important issues to consider in everyday development regarding how impacts are considered and the consequences of lapsing of consent.

Springvale decision

The matter of 4nature Incorporated v Centennial Springvale Pty Ltd [2017] NSWCA 191 involved an appeal regarding consent to an extension of a mine. Clause 10 of the State Environment Planning Policy (Sydney Drinking Water Catchment) 2011 requires a consent authority not to grant development consent unless it is satisfied that the proposed development would have a