COLSTON BUDD HUNT AND TWINEY PTY LIMITED v. CAMPBELLTOWN CITY COUNCIL [1998] NSWLEC 180 (13 August 1998) [1998] NSWLEC 53

Land and Environment Court of New South Wales

CITATION : COLSTON BUDD HUNT AND TWINEY PTY LIMITED v. CAMPBELLTOWN CITY COUNCIL [1998] NSWLEC 180 (13 August 1998) [1998] NSWLEC 53 PARTIES : COLSTON BUDD HUNT AND TWINEY PTY LIMITED v. CAMPBELLTOWN CITY COUNCIL [1998] NSWLEC 180 (13 August 1998) FILE NUMBER(S) : 10224 of 1998 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Model Provisions 1980 see Cleary v. Maitland City Council (1983) 51LGRA 85 at 88 per Cripps J ; CASES CITED: Big Country Developments Pty Ltd v. Penrith Council (unreported 24 April 1998); Austin Construction Co. (Aust) Pty Ltd v. North Sydney Municipal Council (1967) 14LGRA 154 at 158 and 159; Peter Rommel & Associates Pty Ltd v. North Sydney Municipal Council (1971) 23LGRA 99 at 102 and 103 DATES OF HEARING: 10 August 1998 DATE OF JUDGMENT: 08/13/1998

Mr C. McEwen, Barrister LEGAL REPRESENTATIVES: Mr. D. Wilson, Barrister

JUDGMENT: A. QUESTION OF LAW

A question of law has been belatedly raised by the Council in pending class one proceedings concerning the question whether it is legally possible for development consent to be granted to the Applicant's proposed development of land situate at Ingleburn for the purpose of establishing a metal recycling facility.

The question of law has been formulated as follows:

"Whether or not the development subject of these proceedings is prohibited having regard to clause 4 of Interim Development Order No. 21 - City of Campbelltown and Campbelltown City Council Development Control Plan No 20 entitled - `Motor Vehicle Wreckers, Metal Recyclers, Waste Material Depots and Junk Yards'." B. THE AGREED FACTS