Bowen v Great Lakes Council [2007] NSWLEC 231

Bowen v Great Lakes Council [2007] NSWLEC 231

The Court approved the modification because there was no evidence that the proposed change to condition 8 would exacerbate odour impacts, and the experts agreed that birds in the first four weeks of the growing cycle were not likely to generate appreciable odour compared to later parts of the cycle, making use of misters unnecessary during that period.

Jurisdiction
Australia
Judgment Date
24 April 2007
Procedural Posture
Appeal Against Refusal of an Application to Modify a Development Application / Consent Orders
Outcome
Appeal upheld; Development Application No 10470/03 modified by consent.
Legal Topics
['development Consent Modification' 'poultry Sheds' 'odour Impacts' 'consent Orders' 'objector Evidence']
['planning and Environment Law'] ['development Consent Modification' 'poultry Sheds' 'odour Impacts' 'consent Orders' 'objector Evidence']

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Procedural Posture

Appeal Against Refusal of an Application to Modify a Development Application / Consent Orders

Legal Issues

  1. 1 ['Whether Development Application No 10470/03 should be modified by deleting and replacing condition 8 concerning operation of spray misters on poultry shed exhaust fans.' 'Whether the proposed modification would exacerbate odour impacts from the poultry farm.']

Ratio Decidendi

The Court approved the modification because there was no evidence that the proposed change to condition 8 would exacerbate odour impacts, and the experts agreed that birds in the first four weeks of the growing cycle were not likely to generate appreciable odour compared to later parts of the cycle, making use of misters unnecessary during that period.

Court Disposition

Appeal upheld; Development Application No 10470/03 modified by consent.

Orders

  • ['The appeal is upheld.' 'Development Application No 10470/03 is modified by the deletion of condition 8 and the replacement with the following condition: 8.1 Spray misters are to be installed on the exit side of all fans that exhaust air from the sheds. 8.2 Except during the first four weeks of the growout period...