Acland Pastoral Co Pty Ltd v Rosalie Shire Council

In Acland Pastoral Co Pty Ltd v Rosalie Shire Council, the applicant, Acland Pastoral Co Pty Ltd, sought to establish a 11,000 Standard Cattle Units (SCU) feedlot within the Rosalie Shire. The council refused the application on the basis of potential odour impacts on nearby properties and the community, ultimately leading to Acland's appeal to the Land and Environment Court of New South Wales. The court was tasked with determining whether the refusal of the application was lawful and whether the council's concerns about odour and amenity were substantiated.

The primary legal issues before the court were whether the applicant's proposal complied with the relevant planning scheme and whether the council's concerns regarding odour and amenity were justified. The court had to evaluate the adequacy of the odour modelling presented by the council and assess whether the refusal was proportionate and supported by the evidence. It also had to consider the impact of the proposed feedlot on the amenity of the surrounding properties and community.

In delivering its judgment, the court found that the odour modelling presented by the council was not sufficiently robust to support the refusal of the 11,000 SCU feedlot. The court was critical of the modelling's assumptions and methodology, noting that it did not adequately account for the natural wind patterns and other mitigating factors. The court also held that the council's concerns about amenity were not adequately substantiated by the evidence, particularly given the applicant's commitment to best practice odour management. However, the court acknowledged that a smaller feedlot, of 5000 SCU, would be acceptable, provided that the applicant implemented appropriate odour control measures. Consequently, the court allowed the appeal and directed the council to approve the application for a 5000 SCU feedlot, subject to compliance with the specified conditions.