Bellbay v Hawkesbury City Council [2007] NSWLEC 723

Land and Environment Court of New South Wales

CITATION : Bellbay v Hawkesbury City Council [2007] NSWLEC 723

APPLICANT Bellbay Pty Limited PARTIES : RESPONDENT Hawkesbury City Council

FILE NUMBER(S) : 10589 of 2007

CORAM: Brown C

KEY ISSUES: Development Application :- construction of an animal establishment - noise - odour - effluent disposal - zone objectives - amenity impacts

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Hawkesbury Local Environmental Plan 1989

CASES CITED: Telstra Corporation Limited v Hornsby Shire Council [2006] NSWLEC 133

DATES OF HEARING: 3, 4/10/07

DATE OF JUDGMENT: 5 October 2007

APPLICANT Mr P Tomasetti SC SOLICITORS Gregory J Halpin LEGAL REPRESENTATIVES: RESPONDENT Ms C Schofield, solicitor SOLICITORS Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

5 October 2007

10589 of 2007 Bellbay Pty Limited v Hawkesbury City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Hawkesbury City Council (the council) of DA 0263/07 for the construction of an animal establishment at 50 Jordan Avenue, Glossodia (the site). The site and surrounding area 2 The site is part lot 3 in DP 8714. It is rectangular in shape having an average width of 201.7 m and an average depth of 394.3 m providing a total land area of approximately 7.9 ha. The site has a frontage to Spinks Road running along its northern boundary and Jordan Avenue along its southern boundary. The land slopes upwards from Jordan Avenue to Spinks Road by approximately 8 m.