Pineridge Boarding Kennels v Hornsby Shire Council [2004] NSWLEC 94

Land and Environment Court of New South Wales

CITATION : Pineridge Boarding Kennels v Hornsby Shire Council [2004] NSWLEC 94 APPLICANT Pineridge Boarding Kennels PARTIES : RESPONDENT Hornsby Shire Council FILE NUMBER(S) : 11500 of 2003 CORAM: Nott C KEY ISSUES: Development Application :- proposed boarding kennels for dogs and cats - size of proposal - amenity of neighbours - noise - effluent disposal - traffic LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 97 CASES CITED: DATES OF HEARING: 12/03/2004 EX TEMPORE 03/12/2004 JUDGMENT DATE :

APPLICANT Mr D G Briggs, solicitor, SOLICITORS LEGAL REPRESENTATIVES: D G Briggs & Associates

RESPONDENT Mr I Woodward, principal solicitor of the council

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11500 of 2003

Nott C

12 March 2004

Pineridge Boarding Kennels Applicant v Hornsby Shire Council Respondent Judgment

1. This is an appeal against the council's refusal of a proposed development by Pineridge Boarding Kennels at 24 Wylds Road, Arcadia. It is proposed to have pens for 32 cats and kennels for 34 dogs. To house the animals, four separate buildings are proposed on the lower level of the subject land at 24 Wylds Road. The subject land has an area of 2.2 ha. The owners' large dwelling house and garden areas are on the upper part of the subject land. The owners are Mr and Mrs Stopani. Proceeding in a westerly direction from their home, the land drops to an area that contains an easement for transmission lines 60.96 m wide. Further to the west of the subject land (immediately outside the transmission line area), it is proposed to locate the four buildings for the animals. A service and access road is proposed coming down from the house.