Mt Hercules Pastoral Co v Cootamundra Shire Council [2006] NSWLEC 282

Mt Hercules Pastoral Co v Cootamundra Shire Council [2006] NSWLEC 282

The amended proposal for a 975 head feedlot meets or exceeds the applicable planning controls and guidelines, including separation distances for odour and wastewater, and satisfactory measures are proposed to address all identified impacts. Subject to detailed conditions, the application merits conditional development consent.

Jurisdiction
Australia
Judgment Date
26 May 2006
Procedural Posture
Development Appeal / Merits Appeal and Judgment
Outcome
Appeal upheld. Development consent granted subject to conditions.
Legal Topics
['development Application' 'feedlot Approval' 'noise' 'odour' 'water Pollution' 'public Interest' 'planning Controls' 'salinity' 'visual Impact' 'traffic']
['environmental Law' 'planning Law'] ['development Application' 'feedlot Approval' 'noise' 'odour' 'water Pollution' 'public Interest' 'planning Controls' 'salinity' 'visual Impact' 'traffic']

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Procedural Posture

Development Appeal / Merits Appeal and Judgment

Legal Issues

  1. 1 ['Whether conditional development consent should be granted for a 975 head cattle feedlot on rural property' 'Adequacy of odour, noise, and wastewater controls' 'Compliance with planning instruments and guidelines, including SEPP 30 and NSW Feedlot Manual' 'Impact on social/community amenity, watercourses, visual amenity, flora and fauna, and public interest considerations']

Ratio Decidendi

The amended proposal for a 975 head feedlot meets or exceeds the applicable planning controls and guidelines, including separation distances for odour and wastewater, and satisfactory measures are proposed to address all identified impacts. Subject to detailed conditions, the application merits conditional development consent.

Court Disposition

Appeal upheld. Development consent granted subject to conditions.

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...