Tweed Shire Council v Sikiric [2011] NSWLEC 240

Tweed Shire Council v Sikiric [2011] NSWLEC 240

The respondent's use of land constitutes an 'animal establishment' as defined under the Tweed Local Environmental Plan 2000, as it involves intensive husbandry, significant importation of feed and use of unauthorised sheds within prescribed distances to dwellings and waterbodies. Such use required, but did not have, development consent, and neither the use nor the structures could be regarded as 'agriculture'. Both must cease and be removed as unauthorised development.

Jurisdiction
Australia
Judgment Date
09 December 2011
Procedural Posture
Civil Enforcement / Final Orders After Hearing
Outcome
Declarations and final restraining and remedial orders for removal/demolition granted. Costs to applicant.
Legal Topics
['development Consent' 'animal Establishment' 'civil Enforcement' 'agriculture Versus Intensive Animal Husbandry']
['planning Law' 'environmental Law'] ['development Consent' 'animal Establishment' 'civil Enforcement' 'agriculture Versus Intensive Animal Husbandry']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Enforcement / Final Orders After Hearing

Legal Issues

  1. 1 ["Whether the respondent's use of land constitutes an 'animal establishment' under the Tweed Local Environmental Plan 2000 requiring development consent" 'Whether the erection of poultry sheds and keeping of poultry constituted unauthorised development' "Whether the use could be properly classified as 'agriculture' or as 'animal establishment'"]

Ratio Decidendi

The respondent's use of land constitutes an 'animal establishment' as defined under the Tweed Local Environmental Plan 2000, as it involves intensive husbandry, significant importation of feed and use of unauthorised sheds within prescribed distances to dwellings and waterbodies. Such use required, but did not have, development consent, and neither the use nor the structures could be regarded as 'agriculture'. Both must cease and be removed as unauthorised development.

Court Disposition

Declarations and final restraining and remedial orders for removal/demolition granted. Costs to applicant.

Orders

  • ['A declaration that the respondent is carrying on development consisting of the use of the Land for the purpose of an animal establishment, without development consent, contrary to Tweed Local Environmental Plan 2000 and the Environmental Planning and Assessment Act 1979.' 'A declaration that the respondent has...