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The applicant sought leave to appeal the Director's decision to issue an Environmental Compliance Approval for a hot mix asphalt plant and aggregate depot.

The applicant raised concerns regarding noise, air emissions, and the facility's location, but failed to provide expert evidence to contradict the Ministry's engineers.

The Tribunal found the applicant had standing but dismissed the application for leave to appeal, concluding the applicant did not meet the two-part test under section 41 of the Environmental Bill of Rights.