Carr and Country Livestock Supplies Pty Limited v Richmond Valley Council [2006] NSWLEC 674

Land and Environment Court of New South Wales

CITATION : Carr and Country Livestock Supplies Pty Limited v Richmond Valley Council [2006] NSWLEC 674

APPLICANT: PARTIES : B M & C J Carr and Country Livestock Supplies Pty Limited RESPONDENT: Richmond Valley Council

FILE NUMBER(S) : 10298 of 2006

CORAM: Watts C at 1

KEY ISSUES: Development Application :- Staged development of an 'animal establishment' 246,000 birds; conflict with Rural Residential Development Strategy

Richmond River Local Environmental Plan 1992, (RRLEP) LEGISLATION CITED: North Coast Regional Environmental Plan 1988, (NCREP) Environmental Planning and Assessment Act 1979, ss 79C and 97

DATES OF HEARING: 26/10/2006

EX TEMPORE JUDGMENT DATE : 10/26/2006

APPLICANT: Mr C McEwen, SC, instructed by Mr M Staunton, solicitor SOLICITORS: LEGAL REPRESENTATIVES: Staunton Beattie RESPONDENT: Mr D Wilson, barrister instructed by Mr N D Howie, solicitor SOLICITORS: Wilshire Webb

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Watts C

26 October 2006

10298 of 2006 - B M & C J Carr and Country Livestock Supplies Pty Limited v Richmond Valley Council

JUDGMENT

1 This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979, against the decision of the Richmond Valley Council (the council) to refuse a development application for the staged development of an 'animal establishment' being six (6) x chicken sheds with a maximum capacity of 246,000 birds, associated earthworks, control rooms and ancillary equipment, silos, water storage, road access, stormwater management, vehicular driveway and manoeuvring areas and water management structures, at Lots 23, 24 & 25, DP755625, Parish of Shannon, County of Richmond, being No 855 Benns Road, Shannonbrook. 2 I visited the land in company with the parties on the morning of the proceedings. 3 I have concluded that that the Court may endorse the consent orders and consent is granted in its terms. The land 4 The land that has an area of some 62 hectares is situated about 15 kilometres southwest of the town of Casino and west of Shannonbrook about 3.5 kilometres south of the Bruxner Highway. The land has been used for farming practices for many decades and is presently used for low-input beef cattle production. The existing residence and farm infrastructure is located on Lot 25, D.P.755625. 5 The land to the east near Shannonbrook has been cleared for farming of grazing on unimproved pasture, and there are few shade trees. The site of the chicken sheds is on an eastern ridge in the northwestern sector of the land. The western sector of the land is open sclerophyll forest with underlying poor native pasture. The land slopes are gentle to moderate with some slopes in excess of 10%. Most of the land has slopes less than 2%. That part of the land proposed to be developed is in the latter category and only minor earthworks would be required to provide suitable building platforms for the six chicken sheds. 6 Surrounding land use comprises of a number of large rural grazing properties with only few smallholdings. There are no intensive animal production activities located within the immediate vicinity. 7 A large area of land to the north and east of the subject land is included in Council's Rural Residential Development Strategy. Relevant planning controls Richmond River Local Environmental Plan 1992, (RRLEP) 8 Under the provisions of the RRLEP the land is zoned Rural 1(a) Prime Agricultural Land (part) and Rural 1(bl) Secondary Agricultural Land (part) and the proposal is permissible with consent as an 'animal establishment'. North Coast Regional Environmental Plan 1988, (NCREP) 9 In a draft strategy made under the NCREP the Department of Planning has set a target for population increase for the Richmond Valley up to the year 2031 of 9,900 dwellings of which it is estimated that around 25% of that increase of 1,825 dwellings might be met by rural residential development of rural land. 10 On 15 December 1998 the council adopted a Rural Residential Development Strategy (RRS) to plan for rural residential development of rural land within the Shire under the NCREP. The Director-General of the Department of Urban Affairs and Planning approved this strategy on 4 March 1999. The present proposal for an 'animal establishment', outside the RRS, is considered by the council to be in conflict with projected rural residential development. The proposal and its history 11 Development application No 2005/0187 was lodged with the respondent council on 21 October 2004 for a staged development of an 'animal establishment' being six (6) x chicken sheds with a maximum capacity of 246,000 birds on the land. 12 Stage 1 in the nest 6-18 months would comprise Sheds No 1 & 2; Stage 2 18-24 months hence would comprise Sheds 3 & 4 and Stage 3 24-36 months hence would comprise Sheds 5 & 6. 13 The proposal is described in plans prepared by Fidele Design & Drafting Pty Limited including: Plan No. Issue Title DA-01 F Site Plan, Front Boundary Fence Details DA-02 F Layout Plans DA-03 F Elevations and Sections DA-04 F Waste Management Plan, Site Analysis Plan 4b - Utility Workbench Detail, Typical Amenity Sink Detail