Burns v Queanbeyan-Palerang Regional Council [2021] NSWLEC 1544

Burns v Queanbeyan-Palerang Regional Council [2021] NSWLEC 1544

There is insufficient evidence for the Court to properly assess the likely environmental and amenity impacts, particularly noise (acoustic) impacts from the proposed shooting range, especially in relation to potential NSW Police use and night-time operations. The applicant failed to establish that such impacts were adequately assessed or addressed. In these circumstances, the requisite evaluation under s 4.15 of the EPA Act cannot be completed, and it is not in the public interest to approve the application.

Parties
Applicant: Fiona Ellen Burns; Respondent: Queanbeyan-Palerang Regional Council
Jurisdiction
Australia
Judgment Date
01 November 2021
Procedural Posture
Class 1 Development Appeal / Judgment and Final Orders
Outcome
Appeal dismissed; development application refused
Legal Topics
Development Application, Recreational Shooting Range, Noise Impacts, Public Interest, Land Use
Planning and Environment Development Application Recreational Shooting Range Noise Impacts Public Interest Land Use

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Parties

Fiona Ellen Burns

Applicant

Queanbeyan-Palerang Regional Council

Respondent

Procedural Posture

Class 1 Development Appeal / Judgment and Final Orders

Legal Issues

  1. 1 Whether the development application for a recreational shooting range should be approved having regard to likely impacts, including use by NSW Police under State Environmental Planning Policy (Infrastructure) 2007
  2. 2 Whether there is sufficient evidence to assess acoustic (noise) impacts, especially night operation and neighbour impacts
  3. 3 Whether the proposed shooting range is in the public interest

Ratio Decidendi

There is insufficient evidence for the Court to properly assess the likely environmental and amenity impacts, particularly noise (acoustic) impacts from the proposed shooting range, especially in relation to potential NSW Police use and night-time operations. The applicant failed to establish that such impacts were adequately assessed or addressed. In these circumstances, the requisite evaluation under s 4.15 of the EPA Act cannot be completed, and it is not in the public interest to approve the application.

Court Disposition

Appeal dismissed; development application refused

Orders

  • The appeal is dismissed.
  • Development Application No. DA.2018.192 for a recreational facility (outdoor) shooting range at 'Samuels Run', 2155 Collector Road, Currawang, known as Lots 114 and 200 in DP 750008 and Lot 149 in DP 750013, is determined by refusal of consent.