Burns v Queanbeyan-Palerang Regional Council [2021] NSWLEC 1544

Land and Environment Court New South Wales

Medium Neutral Citation: Burns v Queanbeyan-Palerang Regional Council [2021] NSWLEC 1544 Hearing dates: 1-3 March 2021; 11 & 17 May 2021; 15 June 2021 Date of orders: 01 November 2021 Decision date: 01 November 2021 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application No. DA.2018.192 for a recreational facility (outdoor) shooting range at "Samuels Run", 2155 Collector Road, Currawang, known as Lots 114 and 200 in DP 750008 and Lot 149 in DP 750013, is determined by refusal of consent. (3) The exhibits are returned except for A, B, and 1. Catchwords: DEVELOPMENT APPLICATION – recreational facility (outdoor) shooting range –likely impacts arising from the use of the proposed development by NSW Police under State Environmental Planning Policy (Infrastructure) 2007 are a relevant s 4.15 consideration – insufficient evidence to assess the acoustic impacts – proposed development is not in the public interest Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979, s 4.15 Firearms Act 1996 Firearms Regulation 2017 Palerang Local Environmental Plan 2014, cl 1.2 Protection of the Environment Operations (Noise Control) Regulation 2017, Sch 2 State Environmental Planning Policy (Infrastructure) 2007, Div 18A, cl 107C Cases Cited: Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 Hoxton Park Residents Action Group Inc v Liverpool City Council (2011) 81 NSWLR 638; [2011] NSWCA 349 Texts Cited: NSW Firearms Registry Range Users Guide (September 2017) Category: Principal judgment Parties: Fiona Ellen Burns (Applicant) Queanbeyan-Palerang Regional Council (Respondent) Representation: Counsel: P Tomasetti SC with A Pearman (Applicant) I Hemmings SC (Respondent)