Barnes v Dungog Shire Council [1999] NSWLEC 146

Land and Environment Court of New South Wales CITATION: Barnes v Dungog Shire Council [1999] NSWLEC 146

PARTIES APPLICANT: Barnes

RESPONDENT: Dungog Shire Council

NUMBER: 10054 of 1999

CORAM: Talbot J

KEY ISSUES: Orders :- validity of council order under s 121B EP&A Act

LEGISLATION CITED: Environmental Planning and Assessment Act s 121B - s 121K

DATES OF HEARING: 06/03/1999

DATE OF JUDGMENT DELIVERY: 06/21/1999

APPLICANT: Mr I Hemmings (Barrister)

SOLICITORS: Stacks, The Law Firm

LEGAL REPRESENTATIVES: RESPONDENT: Mr T Bates (Barrister)

SOLICITORS: Borthwick Wilson & Mitchell

JUDGMENT:

IN THE LAND AND Matter No. 10054 of 1999 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 21 June 1999

John Barnes Applicant v Dungog Shire Council Respondent REASONS FOR JUDGMENT

1. On 31 August 1998 the respondent council forwarded to the applicant John Barnes a notice of its intention to serve an order under s 121 of the Environmental Planning and Assessment Act 1979 (the EP&A Act). Correspondence and a meeting between representatives of the two parties took place. Amongst other issues discussed was whether the applicant had the benefit of existing use rights to carry on the activity about which the council was concerned. On 28 September 1998 a formal order was served. However, on 21 October 1998 the respondent informed the applicant's representative that the order had been placed on "hold" pending receipt of a proposed development application and satisfactory evidence of existing use rights.