Ardill Payne & Partners v Tweed Shire Council [2022] NSWLEC 1153

Land and Environment Court New South Wales

Medium Neutral Citation: Ardill Payne & Partners v Tweed Shire Council [2022] NSWLEC 1153 Hearing dates: 21-22 October 2021 and 17 March 2022 Date of orders: 29 March 2022 Decision date: 29 March 2022 Jurisdiction: Class 1 Before: Bish C Decision: See Orders at [77] Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – ecological and biodiversity assessment – land use risk assessment for farmland and residential use conflict Legislation Cited: Biodiversity Conservation Act 2016, ss 6.2, 7.2, 7.4, 7.13 Biodiversity Conservation Regulation 2017, cll 7.1, 7.2 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.15, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Environmental Planning and Assessment Regulation 2021, Sch 6 Land and Environment Court Act 1979, ss 34, 39 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Primary Production) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Tweed Local Environmental Plan 2014 cll 2.3, 2.6, 4.1, 5.10, 5.21, 7.1, 7.2, 7.6, 7.8A, 7.10 Cases Cited: Bailey v Oberon Shire Council [2006] NSWLEC 815 Texts Cited: Buffer Zones to reduce Land use conflict with agriculture – An interim guideline, Department of Primary Industries, November 2018 Department of Natural Resources and Department of Local Government and Planning, Planning Guidelines. Separating agricultural and Residential land uses, Queensland (1997) Grains Research and Development Corporation, Spray Application Manual for Grain Growers, Module 4. Drift management strategies: minimising and managing spray drift risk, (February 2017) Living and Working in Rural Areas – A handbook for managing land use conflict issues on the NSW North Coast, Department of Primary Industries, 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)