Pocket Herbs and Produce Pty Ltd v Tweed Shire Council [2021] NSWLEC 1253

Land and Environment Court New South Wales

Medium Neutral Citation: Pocket Herbs and Produce Pty Ltd v Tweed Shire Council [2021] NSWLEC 1253 Hearing dates: 28, 29 and 30 April 2021 Date of orders: 17 May 2021 Decision date: 17 May 2021 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders that: (1) The appeal is upheld; (2) Development consent DA13/0712 dated 1 April 2014 for a micro herb production facility including two greenhouses, two pump sheds, potting shed/office, water tank, driveway access and associated earthworks at Lot 3 in Deposited Plan 1191598 known as 67 Howards Road, Burringbar is modified by the addition of the conditions in Annexure A. (3) Development consent DA13/0712 as modified in accordance with order (2) is Annexure B. (4) The exhibits be returned other than exhibits A, B, D and 1. Catchwords: MODIFICATION APPLICATION – rural industry – micro herb production facility and production and processing of edible flowers – substantially the same development – stormwater management – acoustic impacts – plan of management – concerns of residents Legislation Cited: Civil Procedure Act 2005, s 56 Environmental Planning and Assessment Act 1979, ss 4.55, 8.9 Land and Environment Court Act 1979, s 34 Tweed Local Environmental Plan 2014, cl 2.3 Cases Cited: Renaldo Plus 3 Pty Ltd v Hurstville City Council [2005] NSWLEC 315 Amazonia Hotels Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1247 Texts Cited: NSW Environmental Protection Authority, Noise Policy for Industry, October 2017 Category: Principal judgment Parties: Pocket Herbs and Produce Pty Ltd (Applicant) Tweed Shire Council (Respondent) Representation: Counsel: J Reid (Applicant) A Seton (Solicitor) (Respondent)