Mt Hercules Pastoral Co v Cootamundra Shire Council

[2006] NSWLEC 349

Land and Environment Court

of New South Wales

CITATION:

Mt Hercules Pastoral Co v Cootamundra Shire Council [2006] NSWLEC 349

PARTIES:

APPLICANT
Mt Hercules Pastoral Co

RESPONDENT
Cootamundra Shire Council

FILE NUMBER(S):

10710 of 2005

CORAM:

Hussey C

KEY ISSUES:

Development Application :- Consent orders for 975 head feedlot

DATES OF HEARING:

02/06/2006

 
DATE OF JUDGMENT: 

06/21/2006

LEGAL REPRESENTATIVES:

APPLICANT
Mr A Pickles, barister
SOLICITOR
Commins Hendriks

FIRST RESPONDENT
Mr A Hudson, solicitor
SOLICITORS
Wilshire Webb

SECOND RESPONDENT
Mr A Hawkes, solicitor
SOLICITORS
Pike Pike and Fenwick

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Hussey C

21 June 2006

10710 of 2005 Mt Hercules Pastoral v
Cootamundra Shire Council

(First Respondent) and
Elena Guarracino and Robert Valler
(Second Respondents)

JUDGMENT

1 The Court’s findings in this matter were published on 25 May 2006 in the proceedings NSWLEC 282. The parties were advised that the Court intended to grant the consent orders, subject to satisfactory resolution of the conditions of consent.

2 Consequently, the parties have had further opportunities to make submissions on the draft conditions of consent. The submissions referred to the following conditions and matters:

• Condition 3: This condition refers to the necessity to keep the feedlot operations separate from the existing stock yards. The condition requiring a permanent fence reasonably satisfies this concern;
• EMP: The second respondent raised concerns about the requirement for external noise monitoring at “Sunnyview” and “Bellevue”, but excluding “Eastwood”. Having considered the various submissions, I consider that in the circumstances of this case, specific noise measurement at “Eastwood” is reasonable, taking into account its proximity to the feedlot and the variable wind/weather conditions that could adversely impact on this property.
  Accordingly the EMP is amended to include the 3 noise monitoring points.
• Table 3: This table was uplifted from the original exhibits and apparently contained an error with the property ownerships. It is now amended as follows in the original judgement.
  
  TABLE 3

  Residence	Owner	Minimum separation (m)	Actual separation (m)
  “Sunnyview”	R & P Boxsell	447	1,270
  “Eastwood”	R Valler & E Guarracino	447	1,280
  “Bellevue”	C & K Baldry	447	1,500

3 Following the aforementioned determination of the submissions. The following consent orders are granted.

1 The appeal is upheld.
2 Development consent is granted to DA05/0037 for the construction and operation of a 975 head feedlot and associated effluent ponds at Lots 230 and 233, DP 75364, Parish of Cullinga and County of Harden, subject to the conditions in Annexure A.
3 The exhibits may be returned except for Exhibits 12, 13, 14, 100, K, L, M, N, O, P, Q and R.

___________________

R Hussey
Commissioner of the Court
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