McHugh v Bathurst Regional Council

Land and Environment Court New South Wales Medium Neutral Citation: McHugh v Bathurst Regional Council [2015] NSWLEC 1291 Hearing dates:9 & 10 July 2015Decision date: 31 July 2015 Jurisdiction:Class 1Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: animal boarding establishment; impacts on amenity, traffic, roadworks Legislation Cited: Environmental Planning and Assessment Act 1979; Bathurst Regional (Interim) Local Environmental Plan 2005; Bathurst Regional Local Environmental Plan 2014; Protection of the Environment Operations Act 1997 Cases Cited: BGP Properties Pty Ltd v Lake Macquarie City Council [2004] NSWLEC 399; Newbury Council v Secretary of State for the Environment NDSC [1981] [AC578] Texts Cited: Bathurst Regional (Interim) Development Control Plan 2011; Industrial Noise Policy; Noise Guide for Local Government Category:Principal judgmentParties: Brendan McHugh (Applicant) Bathurst Regional Council (Respondent) Representation: Counsel: Mr M Astill (Applicant) Mr P Clay SC (Respondent)   Solicitors: Mr M Driscoll, BCP Lawyers and Consultants (Applicant) Mr P Crennan, Crennan Legal (Respondent) File Number(s):10091 of 2015Judgment Mr McHugh lodged Development Application 2014/0044 with Bathurst Regional Council on 11 February 2014 seeking consent to erect new dog kennels and use an existing shed as an animal boarding establishment at 108 Marys Lane, Dunkeld. The council refused consent and McHugh is appealing that decision. The main contentions in the case relate to amenity and traffic safety impacts. The site and its context The site is described as Lot 1 in DP 709530 known as 108 Marys Lane Dunkeld. Dunkeld is a locality situated approximately 12.5k west of Bathurst and is a rural...