DAVID MURDEN and EVA MURDEN v. PORT STEPHENS SHIRE COUNCIL [1998] NSWLEC 222 (18 September 1998) [1998] NSWLEC 64

Land and Environment Court of New South Wales

CITATION : DAVID MURDEN and EVA MURDEN v. PORT STEPHENS SHIRE COUNCIL [1998] NSWLEC 222 (18 September 1998) [1998] NSWLEC 64 PARTIES : DAVID MURDEN and EVA MURDEN v. PORT STEPHENS SHIRE COUNCIL FILE NUMBER(S) : 10023 of 1998 CORAM: Sheahan J KEY ISSUES: :- Development application - designated development - poultry farm -odour impacts - noise impacts - health concerns - conditions - "farm operational plan" LEGISLATION CITED: Environmental Planning & Assessment Act 1979 Port Stephens Local Environmental Plan 1997 CASES CITED: Argyropoulos v Canterbury Municipal Council (1988) 66 LGRA 202 DATES OF HEARING: 25-29 May 1998 DATE OF JUDGMENT: 09/18/1998

Mr C McEwen, Barrister LEGAL REPRESENTATIVES: Mr J Maston, Barrister

JUDGMENT:

1. These Class 1 proceedings were commenced by application filed 15 January 1998, appealing against the Council's refusal on 5 January 1998 of the Murdens' development application ("DA") E1917/94, seeking development consent for a poultry farm they propose to locate on their land at 62 Lisadell Road, Medowie, (lot 176 DP 17437) ("the subject site").

2. The Court had the benefit of a site inspection. The subject site is approximately 1.5-2km from the town centre of Medowie, 30km north of Newcastle and 15km east of Raymond Terrace. The site accommodates two cottages built close to the road, and the chosen location for the proposed poultry farm is the largely vacant land behind them. 3. The entire block occupies an area of 26ha (60 acres), is 200 metres wide fronting Lisadell Road, and 1200 metres deep. The land slopes gently from Lisadell Road in a southerly direction and, in anticipation of approval, "pads" are already in place 300 metres or more south of Lisadell Road.