McIlveen v Baiada Pty Limited [2003] NSWLEC 174

McIlveen v Baiada Pty Limited [2003] NSWLEC 174

The poultry killing and processing operation is limited to the number or quantity killed and processed as at 3 February 1986, being 91,350 live kilograms per week and between 34 and 40 employees. Enlargement or intensification of use after that date is not authorised without consent. Ancillary activities covered by subsequent consents are not limited except where conditions apply, specifically in relation to facility extensions post-1998. Relief is subject to the Court's discretion, and further hearing is required on evidence and submissions regarding orders.

Jurisdiction
Australia
Judgment Date
24 July 2003
Procedural Posture
Civil / Final Judgment Liability and Further Hearing on Relief
Outcome
Entitlement to declaratory and injunctive relief in respect of limits on core poultry killing and processing operation, with matter referred to Registrar for hearing on evidence and submissions regarding exercise of discretion.
Legal Topics
['existing Use Rights' 'development Consents' 'intensification of Use' 'environmental Planning and Assessment Act 1979' 'tamworth Local Environmental Plan' 'planning Controls']
['environmental Law' 'planning Law'] ['existing Use Rights' 'development Consents' 'intensification of Use' 'environmental Planning and Assessment Act 1979' 'tamworth Local Environmental Plan' 'planning Controls']

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Procedural Posture

Civil / Final Judgment Liability and Further Hearing on Relief

Legal Issues

  1. 1 ['Whether Baiada Poultry Pty Limited is carrying on development without development consent' 'Whether Baiada Poultry Pty Limited is entitled to use its premises to kill, process or package more than nine thousand birds per day' 'Extent and limitations of existing use rights under relevant legislation' 'Lawfulness of intensification of use after 3 February 1986']

Ratio Decidendi

The poultry killing and processing operation is limited to the number or quantity killed and processed as at 3 February 1986, being 91,350 live kilograms per week and between 34 and 40 employees. Enlargement or intensification of use after that date is not authorised without consent. Ancillary activities covered by subsequent consents are not limited except where conditions apply, specifically in relation to facility extensions post-1998. Relief is subject to the Court's discretion, and further hearing is required on evidence and submissions regarding orders.

Court Disposition

Entitlement to declaratory and injunctive relief in respect of limits on core poultry killing and processing operation, with matter referred to Registrar for hearing on evidence and submissions regarding exercise of discretion.

Orders

  • []