Brown Bros Waste Contractors Pty Limited v Pittwater Council [2009] NSWLEC 1295

Land and Environment Court of New South Wales

CITATION : Brown Bros Waste Contractors Pty Limited v Pittwater Council [2009] NSWLEC 1295

APPLICANT Brown Bros Waste Contractors Pty Limited PARTIES : RESPONDENT Pittwater Council

FILE NUMBER(S) : 10206 of 2009

CORAM: Bly C

KEY ISSUES: DEVELOPMENT APPLICATION :- waste handling and recycling facility,

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Pittwater Local Environmental Plan 1993 Pittwater 21 Development Control Plan

DATES OF HEARING: 1 July 2009 and 2 July 2009

EX TEMPORE JUDGMENT DATE : 2 July 2009

APPLICANT Mr P Clay (barrister) SOLICITORS Wilshire Webb Staunton Beattie LEGAL REPRESENTATIVES:

RESPONDENT Mr T Howard (barrister) SOLICITOR Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

2 July 2009

10206 of 2009 Brown Bros Waste Contractors Pty Limited v Pittwater Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 This appeal relates to a development application for the construction of an industrial-type building at the rear of 6 Polo Avenue, Mona Vale and for the use of this building and the adjacent part of the site for a waste handling and recycling facility. More particularly, the proposal involves a fleet of trucks that deliver and collect different sized skips/bins to and from various sites to facilitate the recycling and disposal of waste including demolition, excavation and general waste materials. Between 20 and 40 loads of waste will be processed each day. Hours of operation are to be Monday to Friday 6am to 6pm and Saturday 6am to 2pm.