Collin C Donges & Assoc Pty Ltd v Baulkham Hills Shire Council [1989] NSWLEC 189

Land and Environment Court of New South Wales

CITATION : Collin C Donges & Assoc Pty Ltd v Baulkham Hills Shire Council [1989] NSWLEC 189 APPLICANT Collin C Donges & Associates Pty. Ltd PARTIES : RESPONDENT Baulkham Hills Shire Council FILE NUMBER(S) : 10501; 10502 of 1987 CORAM: Stein J KEY ISSUES: :- State Roads Act LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Local Government Act McInerney v. Hawkesbury Shire Council ((1980-1) 1 APAD 460) ; Schuster v. Gunning Shire Council (Unreported 2 July 1985); Kittler v. Baulkham Hills Shire Council (Unreported 16 April 1985) ; Capital Quarries Pty. Ltd. v. Gunning and Yass Shire Councils (Unreported 14 August 1987); CASES CITED: E.H. & P.H. Clifford Pty. Ltd. v. Scone Shire Council ((1988) 65 LGRA 391). ; Parramatta City Council v. Peterson ((1987) 61 LGRA 286); Revay and Scott v Leichhardt Municipal Council (Land and Environment Court, 20 March 1981, unreported); Fitch v. Shoalhaven City Council (Unreported 15 May 1987); Bignall v. Greater Taree City Council (Cripps J. Unreported 6 July 1987). DATES OF HEARING: DATE OF JUDGMENT: 05/04/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: The applicant is a planning consultant acting on behalf of P.F. Formation Pty. Ltd., an extractive industry operator. He made application to the Council on 22 December 1986 and 31 July 1987 respectively, for development consent for sand extraction in respect of two adjoining portions of land on the eastern side of Old Northern Road, Maroota, about 60km north-west of the Sydney CBD.