Hartley v Blacktown City Council [2005] NSWLEC 454

Land and Environment Court of New South Wales

CITATION : Hartley v Blacktown City Council [2005] NSWLEC 454

APPLICANT Mark Hartley

PARTIES : RESPONDENT Blacktown City Council

FILE NUMBER(S) : 11120 of 2004

CORAM: Hussey C

KEY ISSUES: Development Application :- Helipad - landscaping - nursery - noise

DATES OF HEARING: 15/08/2005 EX TEMPORE JUDGMENT DATE : 08/15/2005

APPLICANT Mr M Hartley, self represented

RESPONDENT LEGAL REPRESENTATIVES: Mr C Drury, solicitor SOLICITORS Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

15 August 2005

11120 of 2004 Mark Hartley v Blacktown City Council

JUDGMENT

1 This appeal is against council's refusal of a development application for a private helipad at 58 South Creek Road, Shanes Park. The helipad is to be located on the semi rural property, which comprises 2 ha. It contains a number of large sheds that are used for various landscaping, nursery and arboricultural college activities.

2 A number of issues were identified initially with the principal one being noise disruption and associated disamenity to the neighbouring properties. A considerable number of objections were made to the proposal and at the hearing this morning the residents have been given the further opportunity to explain their concerns.

3 At the same time the draft conditions of consent have been provided for consideration and they identify the specific flight paths that limit flights into and off the property, together with a restricted number of weekly flights. On this basis, together with the noise limitation aspects, it seems to me that reasonable steps have been taken to allay most of the neighbours' concerns, except in maybe exceptional circumstances where the flight path cannot be safely followed.