Concrite Pty Ltd v Sutherland Shire Council [2004] NSWLEC 191

Land and Environment Court of New South Wales

CITATION : Concrite Pty Ltd v Sutherland Shire Council [2004] NSWLEC 191 APPLICANT Concrite Pty Ltd PARTIES : RESPONDENT Sutherland Shire Council FILE NUMBER(S) : 11203 of 2003 CORAM: Hussey C KEY ISSUES: Development Application :- Concrete batching plant - designated development - SEPP 1 objection to height development standards - dust/noise/public interest LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Sutherland Local Environmental Plan 2000 CASES CITED: DATES OF HEARING: 25 -27/02/2004, 01 - 02/03/2004 DATE OF JUDGMENT: 05/05/2004

APPLICANT Mr T Hale, SC SOLICITORS Minter Ellison LEGAL REPRESENTATIVES: RESPONDENT Mr G Green, solicitor SOLICITORS Pike Pike and Fenwick

JUDGMENT: 17

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11203 of 2003

Hussey C

5 May 2004 Concrite Pty Ltd Applicant

v Sutherland Shire Council Respondent

Judgment

Background 1 . This appeal is against the council's refusal of a development application for a concrete batching plant at 40 Waratah Street, Kirrawee. The proposal is for designated development and also for integrated development, requiring the consent of the Environment Protection Authority under the Protection of the Environment Operations Act, 1997.

2 . In accordance with the requirements for designated development, a detailed Environmental Impact Statement (EIS) was initially presented. It stated that: "Concrite have operated a concrete batching plant at No. 444 The Boulevard, Kirrawee for over 25 years. Over the last ten years or so, the land uses surrounding the existing plant in The Boulevarde have changed, with the former school site located directly opposite the site being converted to medium density residential development. This has resulted in a conflict between the existing industrial land uses and the newer residential uses.