The Pindimar Bundabah Community Association Incorporated v Great Lakes Council & Ors [2007] NSWLEC 165

The Pindimar Bundabah Community Association Incorporated v Great Lakes Council & Ors [2007] NSWLEC 165

The zoning site location requirements in cl 7C of Sch 1 of SEPP 62 apply only to those parts of tank-based aquaculture development that meet the specific definition of 'tank-based aquaculture.' Influent and effluent pipes do not fall within this definition, and so their location in an unlisted zoning area does not render the development impermissible.

Jurisdiction
Australia
Judgment Date
19 March 2007
Procedural Posture
Development Application Appeal / Separate Question Regarding Permissibility/site Location Requirements Under SEPP 62
Outcome
separate question answered – proposed development not prohibited by reason of pipe location
Legal Topics
['aquaculture Development' 'state Environmental Planning Policy No 62 (sepp 62)' 'site Location Requirements' 'statutory Interpretation']
['environmental Law' 'planning Law'] ['aquaculture Development' 'state Environmental Planning Policy No 62 (sepp 62)' 'site Location Requirements' 'statutory Interpretation']

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Procedural Posture

Development Application Appeal / Separate Question Regarding Permissibility/site Location Requirements Under SEPP 62

Legal Issues

  1. 1 ['Whether influent and effluent pipes for tank-based aquaculture must comply with site location zoning under SEPP 62' 'Whether proposed development is prohibited due to pipes being located in an unlisted zone']

Ratio Decidendi

The zoning site location requirements in cl 7C of Sch 1 of SEPP 62 apply only to those parts of tank-based aquaculture development that meet the specific definition of 'tank-based aquaculture.' Influent and effluent pipes do not fall within this definition, and so their location in an unlisted zoning area does not render the development impermissible.

Court Disposition

separate question answered – proposed development not prohibited by reason of pipe location

Orders

  • ['Matter to proceed to hearing on remaining issues']