Mt Hercules Pastoral Co v Cootamundra Shire Council [2006] NSWLEC 349

Mt Hercules Pastoral Co v Cootamundra Shire Council [2006] NSWLEC 349

After considering further submissions on the draft conditions, the Court was satisfied that a permanent fence reasonably addressed the separation of feedlot operations from existing stock yards, and that noise monitoring should also occur at "Eastwood" given its proximity to the feedlot and variable wind/weather conditions. The Court therefore granted the consent orders, upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
21 June 2006
Procedural Posture
Development Application Appeal / Judgment Granting Consent Orders
Outcome
Appeal upheld; development consent granted subject to conditions in Annexure A.
Legal Topics
['development Consent' 'feedlot' 'conditions of Consent' 'noise Monitoring' 'separation Distances']
['planning and Environment Law'] ['development Consent' 'feedlot' 'conditions of Consent' 'noise Monitoring' 'separation Distances']

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Procedural Posture

Development Application Appeal / Judgment Granting Consent Orders

Legal Issues

  1. 1 ['Whether consent orders should be granted for the construction and operation of a 975 head feedlot and associated effluent ponds.' 'Whether the draft conditions of consent satisfactorily addressed separation of feedlot operations from existing stock yards and noise monitoring at nearby properties.']

Ratio Decidendi

After considering further submissions on the draft conditions, the Court was satisfied that a permanent fence reasonably addressed the separation of feedlot operations from existing stock yards, and that noise monitoring should also occur at "Eastwood" given its proximity to the feedlot and variable wind/weather conditions. The Court therefore granted the consent orders, upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to DA05/0037 for the construction and operation of a 975 head feedlot and associated effluent ponds at Lots 230 and 233, DP 75364, Parish of Cullinga and County of Harden, subject to the conditions in Annexure A.' 'The exhibits may be returned except for...