Archibald v Byron Shire Council

• 1. Land and Environment
  2. › Continuing use
  3. › Enlargement of area of use
  4. › Whether quarry had expanded laterally beyond area used before 3 February 1986
  5. › Adequacy of satellite imagery and aerial photography evidence versus on-ground survey
  6. › Environmental Planning and Assessment Act 1979 (NSW), s 109(2)(b)
• 1. Land and Environment
  2. › Continuing use
  3. › Intensification of use
  4. › Output test for measuring intensification of quarry use
  5. › Whether introduction of more efficient machinery without increase in output constitutes intensification
  6. › Environmental Planning and Assessment Act 1979 (NSW), s 109(2)(c)
• 1. Land and Environment
  2. › Continuing use
  3. › Character of continued use
  4. › Whether crushing and screening of quarried material is a separate use or ancillary to winning of extractive material
  5. › Distinction between intensification and character of continued use
  6. › Environmental Planning and Assessment Act 1979 (NSW), s 109(1), s 109(2)(c)
• 1. Practice and Procedure
  2. › Judgments and reasons
  3. › Duty to give adequate reasons
  4. › Disputed expert evidence
  5. › Whether trial judge adequately explained preference for one body of expert evidence over another

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