Baulkham Hills Shire Council v Stankovic & Anor [2005] NSWLEC 110

Baulkham Hills Shire Council v Stankovic & Anor [2005] NSWLEC 110

The objective test applies to determine whether materials constitute 'junk' for the purposes of a 'junk yard'; intention to use the materials does not exempt them from being classified as junk. The property was used as a junk yard and for pig keeping, both activities prohibited under the LEP.

Jurisdiction
Australia
Judgment Date
14 February 2005
Procedural Posture
Class 4 Proceedings / Ex Tempore Judgment
Outcome
Declarations and orders granted against First Respondent; orders not made against Second Respondent
Legal Topics
['prohibited Land Use' 'definition of Junk Yard' 'pig Keeping' 'removal of Materials' 'interpretation of Planning Instruments']
['planning Law' 'local Government Law'] ['prohibited Land Use' 'definition of Junk Yard' 'pig Keeping' 'removal of Materials' 'interpretation of Planning Instruments']

Case Brief

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Procedural Posture

Class 4 Proceedings / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether use of the property as a junk yard is prohibited under the LEP' 'Whether keeping pigs on the property is prohibited under the LEP' "Meaning of 'junk yard' and criteria for its application"]

Ratio Decidendi

The objective test applies to determine whether materials constitute 'junk' for the purposes of a 'junk yard'; intention to use the materials does not exempt them from being classified as junk. The property was used as a junk yard and for pig keeping, both activities prohibited under the LEP.

Court Disposition

Declarations and orders granted against First Respondent; orders not made against Second Respondent

Orders

  • ['Declaration that the property is used as a junk yard in breach of Section 76B of the Environmental Planning and Assessment Act 1979' 'Order restraining the First Respondent from carrying out or undertaking use of a junk yard on the property' 'Order requiring removal of all second hand and unused items such as old...