Port Stephens Council v Randell [2000] NSWLEC 108

Port Stephens Council v Randell [2000] NSWLEC 108

Construction and modification of dams C and F, and modifications to dams A and B, are not ancillary uses of land for agriculture and require development consent under s 76A(1) EP&A Act and LEP; respondent breached these requirements and Dam F constitutes designated development. SEPP 4 does not apply.

Parties
Applicant: Port Stephens Council; Respondent: Anthony Victor Randell
Jurisdiction
Australia
Judgment Date
14 June 2000
Procedural Posture
Class Four Application / Judgment
Outcome
Removal of Dams C and F required; final orders to follow. Costs reserved; parties to approach Registrar for completion and costs date. Exhibits returned.
Legal Topics
Development Consent, Construction of Dams, Ancillary Use, Environmental Impact, Designated Development
Planning Law Environmental Law Development Consent Construction of Dams Ancillary Use Environmental Impact Designated Development

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Parties

Port Stephens Council

Applicant

Anthony Victor Randell

Respondent

Procedural Posture

Class Four Application / Judgment

Legal Issues

  1. 1 Whether the construction and modification of dams on agricultural land without development consent breaches Environmental Planning and Assessment Act 1979 s 76A(1)
  2. 2 Whether such dam construction is ancillary to agricultural use under the Local Environmental Plan
  3. 3 Whether State Environmental Planning Policy No 4 applies

Ratio Decidendi

Construction and modification of dams C and F, and modifications to dams A and B, are not ancillary uses of land for agriculture and require development consent under s 76A(1) EP&A Act and LEP; respondent breached these requirements and Dam F constitutes designated development. SEPP 4 does not apply.

Court Disposition

Removal of Dams C and F required; final orders to follow. Costs reserved; parties to approach Registrar for completion and costs date. Exhibits returned.

Orders

  • Respondent to remove Dams C and F within an extended timeframe, subject to revised draft orders.
  • Council to be satisfied as to structural integrity of dams A, B, D, and E.