Newton Denny Chapelle v Richmond Valley Council [2006] NSWLEC 675

Newton Denny Chapelle v Richmond Valley Council [2006] NSWLEC 675

The Court was satisfied that Conditions 7 and 8, limiting the operation of the development to 20 years and requiring surrender of the consent at the end of that period, would protect the Rural Residential Strategy land, and that vegetation removal and traffic impacts had been dealt with by condition; accordingly the appeal was upheld by consent and development consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
26 October 2006
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Development Application / Consent Orders After Hearing
Outcome
Appeal upheld by consent; development application approved subject to conditions.
Legal Topics
['development Consent' 'animal Establishment' 'rural Residential Development Strategy' 'odour, Dust and Noise Impacts' 'health and Biosecurity' 'integrated Development' 'consent Conditions']
['planning and Environment Law'] ['development Consent' 'animal Establishment' 'rural Residential Development Strategy' 'odour, Dust and Noise Impacts' 'health and Biosecurity' 'integrated Development' 'consent Conditions']

Case Brief

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Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Development Application / Consent Orders After Hearing

Legal Issues

  1. 1 ['Whether development consent should be granted for the staged development of an animal establishment of six chicken sheds with a maximum capacity of 240,000 birds.' "Whether the proposed development conflicted with the council's Rural Residential Development Strategy." 'Whether amenity, health, biosecurity, economic, vegetation removal and traffic impacts could be addressed by conditions.']

Ratio Decidendi

The Court was satisfied that Conditions 7 and 8, limiting the operation of the development to 20 years and requiring surrender of the consent at the end of that period, would protect the Rural Residential Strategy land, and that vegetation removal and traffic impacts had been dealt with by condition; accordingly the appeal was upheld by consent and development consent granted subject to conditions.

Court Disposition

Appeal upheld by consent; development application approved subject to conditions.

Orders

  • ['The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.' "Development application No 2005/0188 lodged with the respondent council on 21 October 2004 for the staged development of an 'animal establishment' of six (6) x chicken sheds with a maximum capacity of 240,000 birds, associated...