Keith Harold McNamara v. Parry Shire Council [1989] NSWLEC 218

Land and Environment Court of New South Wales

CITATION : Keith Harold McNamara v. Parry Shire Council [1989] NSWLEC 218 APPLICANT Keith Harold McNamara

PARTIES : FIRST RESPONDENT Parry Shire Council

SECOND RESPONDENT C.J. and D.E. Refalo FILE NUMBER(S) : 10526 of 1987 CORAM: Hemmings J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Clean Waters Act CASES CITED: DATES OF HEARING: 06/04/88, 07/04/88, 08/04/88, 11/04/88, 12/04/88, 13/04/88, 14/04/88, 15/04/88, 18/04/88, 19/04/88 03/04/89, 04/04/89, 05/04/89, 06/04/89, 07/04/89 DATE OF JUDGMENT: 07/14/1989

APPLICANT P.R. Grogan Phillip Mendes & Co FIRST RESPONDENT W.R. Davison LEGAL REPRESENTATIVES: Everingham Solomons

SECOND RESPONDENT M.G. O'Brien & A.R Blondel Egan Maclean & Co

JUDGMENT:

HIS HONOUR: The second respondent was the owner of Lot101, D.P.243163, Parish of Tangaratta, Shire of Parry, which has been subdivided into Lots1 and 2, D.P.609864. On 3rd September, 1987 the first respondent as consent authority under Local Environmental Plan No.1987 Shire of Parry granted development consent to an application for an expansion of an existing piggery, i.e. |CF2.|PSI"for an intensive piggery for three hundred and fifty sows and progeny"|CF1.|PSO on the said Lot101. The said consent is in respect of designated development and the applicant as an objector has appealed to this Court pursuant to s.98 of the Environmental Planning and Assessment Act, 1979 (the"E.P.&A.Act").