Harley Scott & Anor v Singleton Council [2017] NSWLEC 1616

Harley Scott & Anor v Singleton Council [2017] NSWLEC 1616

The Court was satisfied that the site could continue to be lawfully used as a truck depot, including storage of trucks and equipment reasonably associated with the applicants' business, but was not satisfied that the site had an existing lawful use for rural industry or log processing. Log storage and processing was a discrete rural industry use, not ancillary to a truck depot, and its noise and flood-related impacts were not acceptable without further works such as an acoustic shed. On the merits, consent was warranted for a truck depot with ancillary mulch storage and bulk sales, the bund wall and associated works subject to conditions controlling hours, fencing, landscaping, flooding,...

Jurisdiction
Australia
Judgment Date
03 November 2017
Procedural Posture
Class 1 Appeals in the Land and Environment Court of New South Wales / Appeals Against a S121 B Order and Against the Deemed Refusal of Development Application Da253/16
Outcome
The appeals were upheld subject to orders; the Council's s121B order was revoked; Development Application DA253/16 was approved in part and refused in part.
Legal Topics
['development Application' 'orders to Cease Use' 'existing Use Rights' 'continuing Lawful Use' 'truck Depot' 'rural Industry' 'sawmill or Log Processing Works' 'flooding' 'stormwater Management' 'acoustic Impacts' 'amenity Impacts']
['environmental Planning and Development' 'land Use' 'local Government'] ['development Application' 'orders to Cease Use' 'existing Use Rights' 'continuing Lawful Use' 'truck Depot' 'rural Industry' 'sawmill or Log Processing Works' 'flooding' 'stormwater Management' 'acoustic Impacts' 'amenity Impacts']

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Procedural Posture

Class 1 Appeals in the Land and Environment Court of New South Wales / Appeals Against a S121 B Order and Against the Deemed Refusal of Development Application Da253/16

Legal Issues

  1. 1 ['Whether the site, or parts of it, had existing use rights or continuing lawful use rights for truck depot or rural industry/log processing uses.' 'Whether log storage and processing was ancillary to the lawful truck depot use or a discrete rural industry use requiring consent.' 'Whether development consent should be granted for the proposed truck depot, mulch storage and bulk sales, bund wall and associated works.' 'Whether the proposed sawmilling or log processing component should be approved having regard to noise, flooding and amenity impacts.' "Whether the Council's s121B order should be revoked."]

Ratio Decidendi

The Court was satisfied that the site could continue to be lawfully used as a truck depot, including storage of trucks and equipment reasonably associated with the applicants' business, but was not satisfied that the site had an existing lawful use for rural industry or log processing. Log storage and processing was a discrete rural industry use, not ancillary to a truck depot, and its noise and flood-related impacts were not acceptable without further works such as an acoustic shed. On the merits, consent was warranted for a truck depot with ancillary mulch storage and bulk sales, the bund wall and associated works subject to conditions controlling hours, fencing, landscaping, flooding,...

Court Disposition

The appeals were upheld subject to orders; the Council's s121B order was revoked; Development Application DA253/16 was approved in part and refused in part.

Orders

  • ['The appeals are upheld subject to the following Court orders.' 'The Order issued by Singleton Council to the applicants under s121B of the Act dated 14 September, 2016 is revoked.' 'Development Application DA253/16 to permit a truck depot (including the ancillary use of mulch storage and bulk sales), bund wall and...