Martin v Campbelltown City Council [2000] NSWLEC 228

Land and Environment Court of New South Wales

CITATION : Martin v Campbelltown City Council [2000] NSWLEC 228 APPLICANT PARTIES : James Alfred Martin RESPONDENT Campbelltown City Council FILE NUMBER(S) : 10986 of 1999 CORAM: Sheahan J KEY ISSUES: :- Class 1 appeal - Council's Noise Control Notice - Noise Reduction Programme - existing industry - poultry growing operations - Amendment of Notice - Industrial Noise Policy - "feasible and reasonable" requirements - reasonable time to comply LEGISLATION CITED: Protection of the Environment Operations Act 1997 Poultry Meat Industry Act 1986 CASES CITED: Sumar Produce Pty Ltd v Griffith City Council [2000] NSWLEC 27 DATES OF HEARING: 11/07/2000, 12/07/2000 DATE OF JUDGMENT: 10/27/2000

APPLICANT Mr J J Webster (Barrister) Solicitors Truman Hoyle LEGAL REPRESENTATIVES: RESPONDENT Mr P J McEwen SC (Barrister) Solicitors Marsdens

JUDGMENT: IN THE LAND AND Matter No: 10986 of 1999 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 27 October 2000

JAMES ALFRED MARTIN Applicant v

CAMPBELLTOWN CITY COUNCIL Respondent

JUDGMENT

Introduction

1. Mr " Jim " Martin is appealing against a Noise Control Notice (" the Notice "), issued to him by the Council under s 264 of the Protection of the Environment Operations Act 1997 (the "POEO Act "), in respect of " the activity of collection of poultry from the premises ", namely the Martin farm at 317 Bensley Road Ingleburn (Lot 6 in DP 221768 - " the premises ") .