Harley Scott & Anor v Singleton Council [2017] NSWLEC 1616

Land and Environment Court New South Wales

Medium Neutral Citation: Harley Scott & Anor v Singleton Council [2017] NSWLEC 1616 Hearing dates: 21-23 August, 2017 Date of orders: 03 November 2017 Decision date: 03 November 2017 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeals are upheld subject to the following Court orders. 2. The Order issued by Singleton Council to the applicants under s121B of the Act is revoked. 3. Development Application DA253/16 to permit a truck depot (including the ancillary use of mulch storage and bulk sales), bund wall and associated works at 32-34 Carrington Street and 51 Church Street, Glenridding is approved subject to the conditions in "Annexure A". The component of the application comprising the rural industry use of sawmilling or log processing (being the storage, sawing or splitting of logs or firewood) at the site is not approved. 4. The exhibits, except Exhibits K, Q, R, S and 3, are returned. Catchwords: DEVELOPMENT APPLICATION/ORDERS: use of site for truck depot and rural industry (sawmilling or log processing); whether existing use rights apply; whether lawful continuing use; ancillary uses; order to cease use and retail sales; flooding; stormwater management; Industrial Noise Policy; amenity impacts; noise; odour; air quality; dust; light spill; drainage; operating hours; setbacks; impact on sewer from bund wall Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Singleton Local Environmental Plan 2013 Cases Cited: Nil Texts Cited: Singleton Development Control Plan 2014 NSW Industrial Noise Policy 2000 Category: Principal judgment Parties: Harley Scott (First Applicant) Prudence Scott (Second Applicant) Singleton Council (Respondent) Representation: Solicitors: