Hastings Municipal Council v Hastings Sand & Gravel Supplies Pty Limited & Anor [1989] NSWLEC 215

Land and Environment Court of New South Wales

CITATION : Hastings Municipal Council v Hastings Sand & Gravel Supplies Pty Limited & Anor [1989] NSWLEC 215 APPLICANT Hastings Municipal Council

PARTIES : FIRST RESPONDENT Hastings Sand & Gravel Supplies Pty Limited

SECOND RESPONDENT Tefif Pty Ltd FILE NUMBER(S) : 40281 of 1988 CORAM: Cripps J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act 1979 The Council of the City of Parramatta v Brickworks Limited 128 CLR 1; Norman v The Council of the Shire of Gosford & Anor 132 CLR 83; CASES CITED: Eaton & Sons Pty Limited v The Council of the Shire of Warringah 129 CLR 270; Baulkham Hills Shire Council v O'Donnell 62 LGRA p 7 ; Lane Cove Municipal Council v Lujeta Pty Limited 58 LGRA 157); Pioneer Aggregates (UK) Limited v Secretary of State for the Environment & Ors 1985 AC 132 DATES OF HEARING: DATE OF JUDGMENT: 07/01/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

His Honour: Hastings Sand and Gravel Supplies Pty Limited and Tefif Pty Limited are the owners of Lots 34 and 35 DP227884 and Lot 38 DP236901 respectively. The three lots are on the southern side of Princess Avenue, Wauchope. Gravel and aggregate is stockpiled on the three lots and also on Lot 33, an area immediately to the east. The issue before the Court is whether Lots 34, 35 and 38 have existing use rights.

The subject land (and including Lot 33) is zoned 2(b) (Residential "V" ((Village and Township Zone)) pursuant to Hastings Local Environmental Plan made on 2 October 1987. The use of the subject land for the stockpiling of gravel and aggregate is permissible with Council's consent. Prior to 2 October 1987 the land use was controlled by IDO 1 Shire of Hastings gazetted on 26 May 1967. Under IDO 1 the land was zoned 2 Village or Township. The zoning also permitted stockpiling with consent.