McCuskey v Upper Lachlan Shire Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: McCuskey v Upper Lachlan Shire Council [2016] NSWLEC 1323 Hearing dates:27, 28, 29 and 30 June 2016Date of orders: 09 August 2016 Decision date: 09 August 2016 Jurisdiction:Class 1Before: Dixon C Decision: The Court orders:(1) The appeal is dismissed.(2) The exhibits are returned. Catchwords: APPEAL: Development application for a motocross facility on rural land – compatibility of use with adjoining agricultural use – acoustic impacts Legislation Cited: Environmental Planning and Assessment Act 1979   Land and Environment Court Act 1979   State Environmental Planning Policy (Rural Lands) 2008   Upper Lachlan Local Environmental Plan 2010   Upper Lachlan Development Control Plan 2010 Cases Cited: Telstra v Hornsby shire Council (2006) 146 LGERA 10 BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399 Category:Principal judgmentParties: Shannon McCuskey (Applicant) Upper Lachlan Shire Council (Respondent) Representation: Counsel: Mr Phillip Clay SC (Applicant) Mr Stephen Griffiths (solicitor)(Respondent)   Solicitors: Bradley Allen Love Lawyers (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s):2016/00166500Judgment Shannon McCuskey has appealed from the Council’s refusal of his development application (DA 84/2014) for the construction of a motocross recreation facility on rural land at 111 Lade Vale Road, Gunning (the Site). The appeal is brought pursuant to s97 (1) of the Environmental Planning and Assessment Act 1997 (EPA Act), and was the subject of a conciliation conference under s34 of the Land and Environment Court Act 1979 (the Court Act). As agreement was not reached during the conciliation phase of the...