Lopiglow Pty Ltd v Bellingen Shire Council [1988] NSWLEC 112

Land and Environment Court of New South Wales

CITATION : Lopiglow Pty Ltd v Bellingen Shire Council [1988] NSWLEC 112 APPLICANT Lopiglow Pty Ltd PARTIES : RESPONDANT Bellingen Shire Council

FILE NUMBER(S) : 10224 of 1988 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Agricultural Protection under the Draft Bellingen Local Environmental Plan 1987 Clean Water's Act 1970. CASES CITED: DATES OF HEARING: 15/02/1988, 19/02/1988, 01/03/1988 DATE OF JUDGMENT: 03/23/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

JUDGMENT

HIS HONOUR: This is an appeal to the Court pursuant to section 97(l) of the Environmental Planning and Assessment Act against the deemed refusal of development consent for the dredging of sand from the Raleigh Shoal in the bed of the Bellinger River and its transport and subsequent processing for commercial purposes upon land fronting both Valery Road and the Pacific Highway, Raleigh.

Pursuant to section 37(l) of the Land and Environment Court Act the Court has been assisted in these proceedings by Assessor G. Andrews.

The subject land and its locality

The subject land has two portions. One section comprises part of the bed of the Bellinger River known as the Raleigh Shoal, which extends from the Raleigh Bridge on the Pacific Highway to Mylestom Rail Bridge and from which the applicant proposes to dredge sand under lease from the Lands Department. The other part is the site of the sand processing plant, being lot 3, Deposited Plan No. 740565, of 5.573ha, with 2l4m frontage to Valery Road, Raleigh, at some 62m from the Pacific Highway and having 35m frontage to the Pacific Highway, some 214m north of the Valery Road intersection. There is a dwelling house situated upon lot 3, owned by Mr. K.A. Dein, one of the proprietors of the applicant company, Lopiglow Pty. Limited.