NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Vogel v Gasparin and Anor [2008] NSWLEC 11
APPLICANT Buko Vogel and Helga Vogel
PARTIES : 1st RESPONDENT Joseph Gasparin, Marino Gasparin and Terry Antonion Gasparin,
2nd RESPONDENT Tenterfield Shire Council
FILE NUMBER(S) : 10494 of 2007
CORAM: Hussey C
KEY ISSUES: Appeal :- 3rd Party Appeal - Piggery, adequacy of E.I.S. information, groundwater, noise, odour, traffic, public interest
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No. 30 Tenterfield Local Environmental Plan 1996
DATES OF HEARING: 3/12/2007 4/12/2007 and 6/12/2007
DATE OF JUDGMENT: 18 January 2008
APPLICANT Mr D. Brigden, solicitor Of Holding Redlich
LEGAL REPRESENTATIVES: 1st RESPONDENT Mr I. Raine, barrister instructed by Mr B. Braham of Stuart Cook & Braham
2nd RESPONDENT No appearance
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
18 January 2008
10494 of 2007 Buko Vogel and Helga Vogel v 1st Respondent - Joseph Gasparin, Marino Gasparin and Terry Antonion Gasparin, 2nd Respondent – Tenterfield Shire Council
JUDGMENT Background. 1 This matter concerns a 3rd Party Appeal lodged by a neighbouring property owner against a development consent issued by Tenterfield Shire Council for an intensive piggery with 6690 pig capacity, composting facility and offices/amenities.
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