Terra Ag Services Pty Ltd v Griffith City Council [2017] NSWLEC 1355

Terra Ag Services Pty Ltd v Griffith City Council [2017] NSWLEC 1355

The Court determined that the proposed development constitutes more than one purpose and that the component involving storage of chemicals and fertilisers is properly characterised as a 'heavy industrial storage establishment'. This use is not subordinate to a dominant 'rural supplies business' purpose. As a 'heavy industrial storage establishment' is a prohibited use in the B6 Enterprise Corridor zone under the Griffith Local Environmental Plan 2014, the development application must be refused.

Parties
Applicant: Terra Ag Services Pty Ltd; Respondent: Griffith City Council
Jurisdiction
Australia
Judgment Date
06 July 2017
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed; development application refused
Legal Topics
Development Applications, Statutory Interpretation, Land Use Controls, Characterisation of Development, Permissibility in Zoning
Planning and Environment Development Applications Statutory Interpretation Land Use Controls Characterisation of Development Permissibility in Zoning

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Parties

Terra Ag Services Pty Ltd

Applicant

Griffith City Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed development is permissible in the B6 Enterprise Corridor zone under the Griffith Local Environmental Plan 2014
  2. 2 Proper characterisation of the proposed development as either a 'rural supplies business' or a 'heavy industrial storage establishment'
  3. 3 Application and interpretation of relevant statutory planning controls to the uses and activities proposed

Ratio Decidendi

The Court determined that the proposed development constitutes more than one purpose and that the component involving storage of chemicals and fertilisers is properly characterised as a 'heavy industrial storage establishment'. This use is not subordinate to a dominant 'rural supplies business' purpose. As a 'heavy industrial storage establishment' is a prohibited use in the B6 Enterprise Corridor zone under the Griffith Local Environmental Plan 2014, the development application must be refused.

Court Disposition

Appeal dismissed; development application refused

Orders

  • The appeal is dismissed.
  • Development Application no. 158/2015 submitted to Griffith City Council on 27 August 2015 for a Rural Supplies Business at Lot 528 DP 751709 The Kidman Way, Griffith, is determined by refusal.