Ardill Payne & Partners v Tweed Shire Council [2021] NSWLEC 1682

Land and Environment Court New South Wales

Medium Neutral Citation: Ardill Payne & Partners v Tweed Shire Council [2021] NSWLEC 1682 Hearing dates: 18-19 October 2021 Date of orders: 18 November 2021 Decision date: 18 November 2021 Jurisdiction: Class 1 Before: Bish C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application DA20/0383 for the Torrens title subdivision of one lot into 17 lots, removal of vegetation, establishment of a vegetative buffer and associated earth/civil works on Lot 101 DP 1056576, along Cudgen Road, Cudgen, is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – land use conflict risk assessment –mitigation of farmland and residential use conflict – air quality – acoustic impact Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Pesticides Act 1999, ss 7, 10 State Environmental Planning Policy (Primary Production and Rural Development) 2019, cll 3, 11, Sch 1 State Environmental Planning Policy No 44 – Koala Habitat Protection State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Tweed Local Environmental Plan 2014, cll 2.3, 2.6, 7.10 Cases Cited: Bailey v Oberon Shire Council [2006] NSWLEC 815 Texts Cited: Bill Gordon, 'Module 4, Drift management Strategies. Minimising and managing spray drift risk' (Grains Research and Development Corporation, undated) Department of Natural Resources and Department Local Government and Planning, 'Planning Guidelines. Separating agricultural and residential land uses', Queensland 1997 Department of Primary Industries, 'Buffer Zones to reduce Land use conflict with agriculture – An interim guideline', November 2018 Department of Primary Industries, 'Living and Working in Rural Areas – A handbook for managing land use conflict issues on the NSW North Coast', 2007 NSW Environment Protection Authority, Noise Policy for Industry, 2017 Tweed Development Control Plan 2008 Category: Principal judgment Parties: Ardill Payne & Partners (Applicant) Tweed Shire Council (Respondent) Representation: Counsel: J Smith (Applicant) A Hemmings (Respondent)