In Terra Ag Services Pty Ltd v Griffith City Council [2017] NSWLEC 1355, the Land and Environment Court considered the rejection of a development proposal to construct three buildings on a rural lot of land. The developer wanted to build one administrative building, and two sheds for storing agricultural fertilisers and chemicals. The major issue in this case was whether the proposed development on the Site was permissible within the current zoning. The developer argued that it was a “rural supplies business”, permissible with consent. The Council argued it was a “heavy industrial storage establishment”, and hence prohibited.

The judge accepted that the proposed development could have more than one purpose, however did not accept that either use was dominant. As the part of the development which was used for a prohibited purpose was not subordinate to the permissible purpose, and the development was therefore prohibited in that zone.

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