Acers v Wollondilly Shire Council (No.2) [2014] NSWLEC 1172

Land and Environment Court New South Wales

Medium Neutral Citation: Acers v Wollondilly Shire Council (No.2) [2014] NSWLEC 1172 Hearing dates: Written submissions - 22 August 2014 Decision date: 27 August 2014 Jurisdiction: Class 1 Before: Brown C Decision: See orders pars 30 and 31 Catchwords: APPEALS: two separate but related appeals - order to cease the use of site for the purposes of an animal breeding or training establishment (Appeal No 10679 of 2013) - refusal of development application for the use of the site as an animal boarding or training establishment (Appeal No 10806 of 2013) -findings on the facts of the merit appeal made and subject to the provision of suitable conditions, development consent may be granted - dispute over conditions of consent Legislation Cited: Environmental Planning and Assessment Act 1979 Wollondilly Local Environmental Plan 2011 Category: Principal judgment Parties: Peter Acers (Applicant) Wollondilly Shire Council (Respondent) Representation: Applicant in person (Applicant) Ms C Rose, solicitor (Respondent) - (Applicant) Maddocks Lawyers (Respondent) File Number(s): 10679 of 2013, 10806 of 2013

Judgment 1COMMISSIONER: These are two separate but related appeals in relation to the use of the property for keeping dogs at 275 Bargo Road Bargo (the site). 2Appeal No 10679 of 2013 is an appeal against Order Nos 1, 2 and 12 issued by the council on 30 August 2013 under s121B of the Environmental Planning and Assessment Act 1979 (the EPA Act) against the applicant. The Orders, in general, sought the Applicant to cease the use of the site for the purposes of an animal breeding or training establishment as defined in the Wollondilly Local Environmental Plan 2011. 3Appeal No 10806 of 2013 is an appeal against the refusal by the council of Development Application 010/2013/35.001 for the use of the site as an "animal boarding or training establishment". 4On 19 June 2014, findings on the facts of the merit appeal were made and it was found that, subject to the provision of suitable conditions, development consent may be granted (Acers v Wollondilly Shire Council [2014] NSWLEC 1169). Directions were given for the filing of conditions of consent in accordance with the findings in this judgement as it was agreed at the hearing that if development consent could be granted then additional time would be given for the council to prepare the conditions and serve them on Mr Acers. If there were no issues with the conditions, then final orders could be made in chambers. Alternatively, if there were any dispute then further time would be required for the Court to address the disputed conditions. 5The Directions were: 1. The council is to serve on the applicant, no later than 4 July 2014, the conditions of consent for the animal boarding or training establishment based on the findings in the judgment and other appropriate conditions. 2. The applicant is to provide a written response to the council on the conditions, no later than 18 July 2014, and if it opposes any condition, the reason for the opposition. 3. If there are any conditions in dispute, the parties are to further discuss these conditions and make every endeavour to reach agreement by 25 July 2014. 4. If there are conditions that remain in dispute, the parties have leave to approach the Registrar for a hearing date in Sydney at the earliest possible time after 4 August 2014. If there are no conditions in dispute, final orders will be made in chambers. 6A further mention was held on 12 August 2014, as the conditions had not been filed in accordance with the previous Directions. Further Directions were made requiring the conditions and any comments on the conditions to be filed by 15 August 2014 following which the matter would be determined in chambers.