Acers v Wollondilly Shire Council [2014] NSWLEC 1169

Acers v Wollondilly Shire Council [2014] NSWLEC 1169

The activities on the site are for commercial purposes and not ancillary to residential use, thus constituting an 'animal boarding or training establishment' as defined; development consent is required. On factual assessment, the impacts (noise, waste, animal welfare, rural character) can be addressed by appropriate conditions, justifying grant of consent.

Jurisdiction
Australia
Judgment Date
19 June 2014
Procedural Posture
Appeal / Findings on Facts and Directions for Filing Conditions of Consent
Outcome
Findings made; directions issued for preparation and consideration of conditions of consent; grant of consent subject to conditions to be finalised.
Legal Topics
['development Applications' 'land Use' 'animal Boarding or Training Establishments' 'commercial Use V Hobby' 'local Environmental Plans']
['planning and Environment Law'] ['development Applications' 'land Use' 'animal Boarding or Training Establishments' 'commercial Use V Hobby' 'local Environmental Plans']

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Procedural Posture

Appeal / Findings on Facts and Directions for Filing Conditions of Consent

Legal Issues

  1. 1 ['Whether the use of the site for breeding and keeping dogs is for commercial purposes requiring development consent' 'Whether the use is ancillary to the residential use of the premises' 'Whether development consent should be granted for the use as an animal boarding or training establishment']

Ratio Decidendi

The activities on the site are for commercial purposes and not ancillary to residential use, thus constituting an 'animal boarding or training establishment' as defined; development consent is required. On factual assessment, the impacts (noise, waste, animal welfare, rural character) can be addressed by appropriate conditions, justifying grant of consent.

Court Disposition

Findings made; directions issued for preparation and consideration of conditions of consent; grant of consent subject to conditions to be finalised.

Orders

  • ['Council to serve draft conditions of consent on applicant by 4 July 2014' 'Applicant to respond with any objections to conditions by 18 July 2014' 'Parties to attempt agreement on disputed conditions by 25 July 2014' 'If any conditions remain disputed, parties may seek hearing after 4 August 2014' 'If no dispute,...