Kay and Ors v Wingecarribee Council [2007] NSWLEC 50

Land and Environment Court of New South Wales

CITATION : Kay and Ors v Wingecarribee Council [2007] NSWLEC 50

APPLICANT Arthur Geoffrey Kay, Lesley S. Kay and Gordon Kay PARTIES : RESPONDENT Wingecarribee Council

FILE NUMBER(S) : 10551 of 2006

CORAM: Hussey C

KEY ISSUES: Appeal :- Section 121B Order - Cease unauthorised quarrying activities and rehabilitate area

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

CASES CITED: Cassanitti v Canada Bay Council [2002] 123 LGERA 53; Stuchbury v Pittwater Council [1999] NSWLEC 177

DATES OF HEARING: 04/10/2006

DATE OF JUDGMENT: 8 February 2007

APPLICANT Mr M. Baird, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr B. Bilinsky, solicitor of B. Bilinsky and Co.

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

Date : 9 February 2007

10551 of 2006 Arthur Geoffrey Kay, Lesley S. Kay and Gordon Kay v Wingecarribee Council

JUDGMENT

Background. 1 This appeal was lodged against a Section 121B Order to cease all quarrying activities and rehabilitate an excavated area on a rural property situated at Lot 40 Inveray Road, Sutton Forest. The property is described as Lot 40 in DP 751284 and has an area of approximately 65 ha.

2 The property is zoned 1(a) (Rural "A") under the Wingecarribee Local Environmental Plan.

3 The proceedings commenced with a view and the parties agreed that the matter be determined by way of an on-site hearing (OSH). Following the view and hearing of preliminary submissions, I gave my initial findings that the existing scope and presentation of the material excavation and transport operations on the site were extensive and could be classified as "quarrying/extractive industry", which apparently would require development consent. No development consent has been issued for this type of activity on the subject site.