Hawkesbury Shire Council v Castles & Anor [1988] NSWLEC 129

Land and Environment Court of New South Wales

CITATION : Hawkesbury Shire Council v Castles & Anor [1988] NSWLEC 129 APPLICANT Hawkesbury Shire Council

FIRST RESPONDENT PARTIES : George Emmanuel Castles

SECOND RESPONDENT John Muir

FILE NUMBER(S) : 40170 of 1987 CORAM: Hemmings J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act, 1979 Local Government Act 1919. Foodbarn Pty Ltd v. Solicitor-General (1975); CASES CITED: Hawkesbury Shire Council v. Mitchell & Anor, 29th February, (1988) ; ACR Trading Pty Ltd and Anor v. Fat-sel Pty Ltd (1987) ; Warringah Shire Council v. Sedevcic (1987) DATES OF HEARING: DATE OF JUDGMENT: 07/29/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: George Emmanuel Castles and John Muir are the registered proprietors of premises Lot 11 Deposited Plan 245757, Uworra Road, Wilberforce ("the land") and which is in the area of the Shire of Hawkesbury. The land has an area of about one acre, and at the time of acquisition in January, 1984 contained a dwelling house, a double garage and a concrete kennel.

The Council of the Hawkesbury Shire ("Council") seeks declarations and other orders with respect to the lawfulness of the keeping of dogs on the land and orders for demolition of the kennels.

The land is situate within a Rural 1 (b1) zone pursuant to Hawkesbury Local Environmental Plan 1984 ("the LEP") and its use as an "animal establishment" is permissible with consent thereunder. It is common ground that prior to 1984 the use of premises for the husbandry, boarding, training or keeping of dogs was "agriculture", and could be carried out on the land without the approval of Council. The land is also situate within an Environmental Protection Area in which land shall not be developed without consent.