PMR QUARRIES PTY LTD and CITY OF MANDURAH

The case between PMR Quarries Pty Ltd and the City of Mandurah concerned the approval of a development application for limestone and sand quarrying in a rural area slated for transition to 'Rural Residential' use. The application was lodged in the Shire of Murray, which had previously zoned the area as 'Rural'. The primary issue before the court was whether the proposed quarry should be permitted, considering the objections raised by local residents about the preservation of the rural residential lifestyle, concerns regarding dust and noise, and the adequacy of the water supply. The Environmental Protection Authority had decided not to formally assess the application.

The court was required to balance the residents' objections against the significance of the State Policy on basic raw materials, which favoured the continued supply of such materials and identified the site as an extraction area in the short term. The applicant had satisfactorily addressed the regulatory concerns, and the court needed to determine if the scale and impact of the proposed operation warranted the granting of approval. The court found that the applicant had adequately addressed the concerns, and the proposed operation's scale and impact were relatively low, warranting approval.

The court allowed the application for review, granting approval for an eight-year operation, subject to conditions aimed at limiting environmental and amenity impacts. These conditions included measures to address concerns about dust and noise, as well as provisions to ensure the adequacy of the water supply. The court concluded that the benefits of the quarry in terms of supplying basic raw materials outweighed the potential adverse effects on the residents, provided that stringent conditions were imposed to mitigate those effects.