Russell v Bega Valley Shire Council [2013] NSWLEC 1012

Land and Environment Court New South Wales

Medium Neutral Citation: Russell v Bega Valley Shire Council [2013] NSWLEC 1012 Hearing dates: 21 January 2013 Decision date: 23 January 2013 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. Development Application 2010.502 for a scrap metal recycling facility, including the erection of a shed at 27 D'Arcy Lane, Jellat Jellat is refused. 3. The exhibits are returned with the exception of exhibits 1 and A. Catchwords: DEVELOPMENT APPLICATION: use of site for scrap metal recycling facility, including the erection of a shed - visual impact - noise - environmental impacts Legislation Cited: Bega Valley Local Environmental Plan 2002 Environmental Planning and Assessment Act 1979 Category: Principal judgment Parties: Laidley and Ellen Russell (Applicants) Bega Valley Shire Council (Respondent) Representation: Ms L-M Saw, barrister (Applicants) Mr M McMahon, solicitor (Respondent) Mr R Creighton, agent (Applicants) M. E. McMahon & Associates (Respondent) File Number(s): 11072 of 2012

Judgment 1COMMISSIONER: This appeal relates to the refusal by Bega Valley Shire Council of Development Application 2010.502 for a scrap metal recycling facility, including the erection of a shed, at 27 D'Arcy Lane, Jellat Jellat, east of Bega (the site). 2The hearing was conducted as an On Site hearing. 3The proposal involves the collection, temporary and short-term storage, separation, sorting, weighing, packaging, palletising and preparing for transport of scrap metal materials to metropolitan recycling facilities. Materials to be recycled include: * ferrous and non-ferrous materials, * firewood, and * motor vehicles. 4A shed measuring 29 m by 12 m and 7.8 m in height is to be constructed to provide undercover work space for dismantling and sorting during bad weather and also to store material pending delivery off site. The proposed work area is to be reshaped by lowering and levelling the work area by approximately 1.5 m. Additional earth banking, vegetation and a 3 m high fence are to be provided to provide screening from adjoining properties and public areas. 5It is anticipated that there will be a maximum of 10 vehicles/truck movements per day, including heavy vehicles, 5 tonne trucks and vehicles from the one full-time and two part-time employees but not including the operators/owners of the site. Hours of operation are to be 7 a.m. to 5 p.m. Monday to Friday.