Noble and Anor v Cowra Shire Council [2001] NSWLEC 149

Noble and Anor v Cowra Shire Council [2001] NSWLEC 149

The council was on notice that SEPP 30 was potentially relevant because the proposed dairy development exhibited characteristics of a cattle feedlot, but the material before the Court showed that the council did not turn its mind to whether SEPP 30 applied. Under Environmental Planning and Assessment Act 1979 s 79C...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 July 2001
Procedural Posture
Class 4 Proceedings Concerning the Validity of a Development Consent / Final Judgment
Outcome
The applicants succeeded; the development consent was declared invalid and set aside.
Legal Topics
['judicial Review of Development Consent' 'failure to Consider a Relevant Matter' 'state Environmental Planning Policy No 30 Intensive Agriculture' 'cattle Feedlot' 'environmental Planning and Assessment Act 1979 S 79 C']
['environmental Law' 'planning Law' 'administrative Law'] ['judicial Review of Development Consent' 'failure to Consider a Relevant Matter' 'state Environmental Planning Policy No 30 Intensive Agriculture' 'cattle Feedlot' 'environmental Planning and Assessment Act 1979 S 79 C']

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Procedural Posture

Class 4 Proceedings Concerning the Validity of a Development Consent / Final Judgment

Legal Issues

  1. 1 ['Whether Cowra Shire Council was bound under Environmental Planning and Assessment Act 1979 s 79C to consider the provisions of State Environmental Planning Policy No 30 - Intensive Agriculture when determining the development application.' 'Whether the proposed dairy development was potentially a cattle feedlot so that SEPP 30 was a relevant consideration.' 'Whether the council failed to take into account a relevant consideration and whether that failure invalidated the development consent.' 'Whether the Court should suspend the development consent under Land and Environment Court Act 1979 s 25B instead of declaring it invalid.']

Ratio Decidendi

The council was on notice that SEPP 30 was potentially relevant because the proposed dairy development exhibited characteristics of a cattle feedlot, but the material before the Court showed that the council did not turn its mind to whether SEPP 30 applied. Under Environmental Planning and Assessment Act 1979 s 79C the council was bound to consider relevant environmental planning instruments, and its failure to consider the potential relevance of SEPP 30 was a failure to take into account a material relevant consideration. That failure invalidated the development consent, and it was not appropriate to suspend the consent under Land and Environment Court Act 1979 s 25B because the Court...

Court Disposition

The applicants succeeded; the development consent was declared invalid and set aside.

Orders

  • ['I declare that the development consent granted on 1 September 2000 by the respondent to C R and E M Thompson for a dairy, feedpad, machinery shed, hay shed and dwelling in relation to development application No 218/00 in respect of lots 85, 101 and 82 in deposited plan 752946 and lots 1 – 8 in deposited plan 19352...