Muscat Developments Pty Ltd (formerly known as Muscat Hydroponics Pty Ltd) and ors v Wollondilly Shire Council Muscat Developments Pty Ltd (trading as Muscat Developments Pty Ltd) v Wollondilly Shire Council [2017] NSWLEC 1681

Muscat Developments Pty Ltd (formerly known as Muscat Hydroponics Pty Ltd) and ors v Wollondilly Shire Council Muscat Developments Pty Ltd (trading as Muscat Developments Pty Ltd) v Wollondilly Shire Council [2017] NSWLEC 1681

The proposed modification, following additional information and expert reports addressing all concerns, qualifies as substantially the same development as previously approved. No outstanding contentions remain and modification consent is granted; building certificate is refused.

Parties
First Applicant: Muscat Developments Pty Ltd (formerly known as Muscat Hydroponics Pty Ltd); Second Applicant: James Muscat; Second Applicant: Catherine Mary Muscat; Applicant: Muscat Developments Pty Ltd (trading as Muscat Developments Pty Ltd); Respondent: Wollondilly Shire Council
Jurisdiction
Australia
Judgment Date
06 June 2017
Procedural Posture
Appeal / Judgment
Outcome
The modification appeal is upheld; the application to modify consent is approved subject to conditions. The building certificate appeal is dismissed and the application for building certificate refused.
Legal Topics
Modification of Development Consent, Building Certificate, Intensive Livestock Agriculture, Poultry Broiler Farming
Planning and Environment Modification of Development Consent Building Certificate Intensive Livestock Agriculture Poultry Broiler Farming

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Parties

Muscat Developments Pty Ltd (formerly known as Muscat Hydroponics Pty Ltd)

First Applicant

James Muscat

Second Applicant

Catherine Mary Muscat

Second Applicant

Muscat Developments Pty Ltd (trading as Muscat Developments Pty Ltd)

Applicant

Wollondilly Shire Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed modification is substantially the same development as that originally approved
  2. 2 Whether sufficient information is provided regarding conservation area, watercourse proximity, impacts on flora and fauna, odour, noise, traffic, contamination, and heritage
  3. 3 Whether building certificate should be issued for structures associated with raising chickens

Ratio Decidendi

The proposed modification, following additional information and expert reports addressing all concerns, qualifies as substantially the same development as previously approved. No outstanding contentions remain and modification consent is granted; building certificate is refused.

Court Disposition

The modification appeal is upheld; the application to modify consent is approved subject to conditions. The building certificate appeal is dismissed and the application for building certificate refused.

Orders

  • Appeal No.16/386136: The appeal is upheld.
  • Appeal No.16/386136: Application to modify DA 1Q.2012.125.001 for construction of Intensive Livestock Agriculture - Poultry (Broiler) Farm at 440 Cawdor Road, Cawdor is approved subject to conditions in Annexure A.