Davis v Pittwater Council (1) [2008] NSWLEC 9

Land and Environment Court of New South Wales

CITATION : Davis v Pittwater Council (1) [2008] NSWLEC 9

APPLICANT Raymond and Susanne Davis PARTIES : RESPONDENT Pittwater Council

FILE NUMBER(S) : 10208 of 2007

CORAM: Tuor C

Development Application :- wholesale plant nursery and landscape supply business KEY ISSUES: insufficient information impact on residential amenity, noise, water quality and vegetation

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

CASES CITED: Davis v Pittwater Council [2007] NSWLEC 657

DATES OF HEARING: 5 and 6 September and 4 December 2007

DATE OF JUDGMENT: 15 January 2008

APPLICANT Mr Maston , barrister (4/12/07) Mr Flaherty, solicitor SOLICITORS LEGAL REPRESENTATIVES: Robert King and Associates

RESPONDENT Ms M Carpenter, barrister SOLICITORS Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

15 January 2008

10208 of 2007 Davis v Pittwater Council

JUDGMENT

1 COMMISSIONER: This is an appeal against the refusal by Pittwater Council (the council) of a development application (N0691/05) under the Environmental Planning and Assessment Act (EPA Act) for a nursery and landscape supply business at 138 Wirreanda Road, Ingleside, being lot 1 DP522208 and lot 4 DP 827539 (the site). Background 2 The appeal was initially held on 5 and 6 September 2007. The Court heard evidence on the permissibility of the proposed uses on the site and the merit issues in dispute. The parties agreed that the issue of permissibility should be determined as a preliminary point. On 5 October 2007 (Davis v Pittwater Council [2007] NSWLEC 657) I found that under the 1(a) (Non-urban A) zoning table in Local Environmental Plan 1993 (LEP 1993) the proposed activities, with the exception of the crushing of waste material on site, are permissible with consent as a rural industry. The uses comprise a wholesale plant nursery for mature palms and other trees and associated raw materials for landscaping purposes such as soils, sands, gravel, sandstone and green waste; the processing of green waste from materials on site and administrative offices. Directions were also given requiring further acoustic testing.