Webber v Parramatta City Council [2014] NSWLEC 1065

Land and Environment Court New South Wales

Medium Neutral Citation: Webber v Parramatta City Council [2014] NSWLEC 1065 Hearing dates: 8 April 2014 Decision date: 11 April 2014 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld in part Catchwords: Prevention Notice, whether activity conducted in an environmentally unsatisfactory manner, offensive noise Legislation Cited: Protection of the Environment Operations Act 1997; Parramatta Local Environmental Plan 2011; Environmental Planning and Assessment Act 1979; Land and Environment Court Act 1979 Texts Cited: NSW Industrial Noise Policy Category: Principal judgment Parties: Pam Webber (Applicant)

Parramatta City Council (Respondent) Representation: Ms P Webber, Litigant in Person

Mr A Gough, Storey and Gough File Number(s): 10745 of 2013

Judgment 1Parramatta City Council issued a Prevention Notice pursuant to the provisions of Section 96(2) of the Protection of the Environment Operations Act 1997 (POEO Act) to Mrs Webber on 3 September 2013 in relation to the movement of horses to and from premises at 20 Hope Street Rosehill. As provided in s 289(1) of that Act, Mrs Webber has appealed against the provisions of the notice.

The site 2The site is located on the southern side of Hope Street, a street that intersects with James Ruse Drive at its eastern end. The Rosehill Racecourse is located opposite this intersection, a distance of approximately 270m front the site. The track training hours for the racecourse are 4.30am to 8.30am Monday to Saturday. 3A dwelling house, eight horse stables and a tack/feed room are contained on the site. Development within Hope Street is predominantly residential however there are a number of stable complexes in proximity to the site. The area is in transition to higher density residential, having been rezoned in 2011. 4The site is zoned R4 High Density Residential under Parramatta Local Environmental Plan 2011 and the use is consistent with the definition of animal boarding or training establishment as defined in the Dictionary to that plan, as follows: animal boarding or training establishment means a building or place used for the breeding, boarding, training, keeping or caring of animals for commercial purposes (other than for the agistment of horses), and includes any associated riding school or ancillary veterinary hospital. 5Animal boarding or training establishments are prohibited in the R4 zone.