Tweed Shire Council v Sikiric [2011] NSWLEC 240

Land and Environment Court New South Wales

Medium Neutral Citation: Tweed Shire Council v Sikiric [2011] NSWLEC 240 Hearing dates: 30 November and 01 December 2011 Decision date: 09 December 2011 Before: Sheahan J Decision: 1. Declares that the respondent is carrying on development consisting of the use of the Land described in the Schedule hereto ('the Land') for the purpose of an animal establishment within the meaning of Tweed Local Environmental Plan 2000, without development consent contrary to the Tweed Local Environmental Plan 2000 and the Environmental Planning and Assessment Act 1979 (' EPA Act '). 2. Declares that the respondent has carried out development consisting of the erection of poultry sheds on the Land for the purpose of an animal establishment without development consent contrary to Tweed Local Environmental Plan 2000 and the EPA Act . 3. Orders that the respondent be restrained from using the Land in the Schedule hereto for keeping poultry for the purposes of an animal establishment within the meaning of Tweed Local Environmental Plan 2000, without development consent. 4. Orders that the respondent remove, or cause to be removed, all the poultry on the Land within 21 days of this order. 5. Orders that the poultry sheds on the Land be demolished within 40 days of order. 6. Orders that the respondent pay the applicant's costs and disbursements of and incidental to the proceedings as agreed or assessed. 7. Orders that all building materials used in the construction of the existing two poultry sheds on the Land including all litter beds and floors within them are not to be stored by the respondent on the Land except in an area not more than 50 metres from the southern boundary of the Land and being not less than 100m distance from of any waterbody (as defined in Schedule 3, Part 4 of the Environmental Planning and Assessment Regulation 2000 (' Regulation ') as measured from the waterbody in accordance with Schedule 3, Part 5, clause 47 of the Regulation , but substituting " the building materials " and " litter beds " for " the boundary of the development site " in that clause 47). All building materials are to be restrained to prevent any materials being displaced by wind . 8. All exhibits and the Council's Court Book are returned. Catchwords: CIVIL ENFORCEMENT: Egg farm commenced and buildings erected without consent.