Hunt v Blacktown City Council [1999] NSWLEC 113

Hunt v Blacktown City Council [1999] NSWLEC 113

The activity on the subject land is properly categorised as 'agriculture' (specifically a poultry farm), not 'rural industry', and agriculture is not a prohibited use under the current zoning instrument; hence, the use does not qualify for 'existing use' protection under s 106 of the Act.

Jurisdiction
Australia
Judgment Date
12 November 1999
Procedural Posture
Environmental and Planning Law / Judgment
Outcome
Application dismissed.
Legal Topics
['existing Use Rights' 'zoning' 'agriculture' 'rural Industry' 'land Use Categorisation']
['planning and Environment Law'] ['existing Use Rights' 'zoning' 'agriculture' 'rural Industry' 'land Use Categorisation']

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Procedural Posture

Environmental and Planning Law / Judgment

Legal Issues

  1. 1 ["Whether the use of the subject land constitutes an 'existing use' within the meaning of s 106 of the Environmental Planning and Assessment Act 1979" "Whether the activity on the land should be categorised as 'agriculture' or 'rural industry' under the relevant planning instruments"]

Ratio Decidendi

The activity on the subject land is properly categorised as 'agriculture' (specifically a poultry farm), not 'rural industry', and agriculture is not a prohibited use under the current zoning instrument; hence, the use does not qualify for 'existing use' protection under s 106 of the Act.

Court Disposition

Application dismissed.

Orders

  • ["The use of the premises does not qualify for the benefit of an 'existing use' as defined in s 106 of the Act." 'The exhibits be returned.']