Acers v Wollondilly Shire Council (No.2)

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 2014Decision date: 27 August 2014 Jurisdiction:Class 1Before: 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 judgmentParties: 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 JudgmentCOMMISSIONER: 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). Appeal 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...