NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Moonlight Mushrooms Pty Ltd v Temora Shire Council [2009] NSWLEC 1092
APPLICANT Moonlight Mushrooms Pty Ltd PARTIES : RESPONDENT Temora Shire Council
FILE NUMBER(S) : 10021 of 2009
CORAM: Taylor C
KEY ISSUES: DEVELOPMENT CONSENT :- Appeal against refusal for mushroom substrate production facility, consent orders
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
DATES OF HEARING: 27/03/2009
EX TEMPORE JUDGMENT DATE : 27 March 2009
APPLICANT Mr R. Graham, solicitor of HWL Ebsworth Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Mr G. Granleese, solicitor of Greaghe Lisle Temora
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Taylor C
27 March 2009
09/10021 Moonlight Mushrooms Pty Ltd v Temora Shire Council
JUDGMENT 1 This is an appeal against a refusal of a development application (DA0708/1070) for a mushroom substrate production under s 97 (1) of the Environmental Planning and Assessment Act 1979. The proposed facility is located at 71 Research Station Road, Temora, NSW.
2 Following the initial refusal of the application and subsequent case management, the Applicant agreed to a series of amendments such that the amended application was deemed acceptable to the Council.
3 The Council received 41 objections to the original proposal. These were objections in principle to the proposed facility. The main objector, Mr and Mrs Crawford, who live approximately 1.3 kms from the proposed facility. The primary concern of the Crawford's relates to the emission of undesirable odours from the facility. 4 In response to this issue and also potential noise from the facility the Council consulted with the Department of Environment and Climate Change regarding appropriate noise and dust conditions. In addition, the Council also engaged Sinclair Knight Merz to undertake a further, independent review of the odour management plans, including inter alia, the introduction of a Complaints Feedback Management System.
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