Woolcott Group Pty Limited v Rostry Pty Limited & Anor [2016] NSWLEC 1113

Land and Environment Court New South Wales

Medium Neutral Citation: Woolcott Group Pty Limited v Rostry Pty Limited & Anor [2016] NSWLEC 1113 Hearing dates: 29, 30 October, 2, 3, 5, 6, 9 and 21 November 2015 Date of orders: 08 June 2016 Decision date: 01 April 2016 Jurisdiction: Class 1 Before: Dixon C Decision: See paragraph at [265] Catchwords: APPEAL - designated development – five poultry broiler farms – s 98 objector appeal –– biodiversity – contamination by live bird feathers of lucerne crops – conflict between the primary industry of lucerne production and poultry production – contrary to the zone objective- unacceptable environmental impacts; unacceptable increase in the number of truck movements through the town of Manilla especially B double trucks from the farms to the processing plant along designated state road - amenity impacts for the residents residing along the haul road to the processing plant - truck noise and dust Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Protection of the Environment Operations Act 1997 Land and Environment Court Act 1979 Roads Act 1993 Water Management Act 2000 Stock Food Regulations 2010 Tamworth Local Environmental Plan 2010 Tamworth Regional Council Development Control Plan 2010 New England North-West Strategic Land Use Plan 2012 Namoi Catchment Action Plan Manilla Matters Program – Community Strategic Plan 2006 Road Transport (Mass, Loading and Access) Regulation 1996. Cases Cited: CEAL Limited v Minister for Planning & Ors [2007] NSWLEC 302 Telstra Corp Ltd V Hornsby Shire Council [2006] NSWLEC 133 Benclutch Pty Limited v Liverpool City Council [2012] NSWLEC 1284 Hoxton Park Residents Action Group Inc v Liverpool City Council [2001]NSWCA 349 Australian Leisure and Hospitality Group Pty Ltd v Manly Council (No 4) [2009] NSWLEC 226; (2009) 172 LGERA 1 Milne v Minister for Planning [No2] [2007] NSWLEC 66 Goldberg V Waverley Council [2007] NSWLEC 259 Texts Cited: The Route Assessment Guidelines for Restricted Access Vehicles (2002) New South Wales Route Assessment Guide for Restricted Access Vehicles – Publication No: RMS 12.450 (30 October 2012) NSW Roads and Traffic Authority Practice Note 3 (NSW Roads and Traffic Authority 2008a) Best Practices Management for Meat Chicken Production in NSW – Manual 1 The National Farm Biosecurity Manual for Chicken Growers (ACMF, 2010) Best Practice Management for Meat Chicken Production in New South Wales – Manual 2 Operation Manual Category: Principal judgment Parties: Woolcott Group Pty Limited (Applicant) Rostry Pty Limited (First Respondent) Tamworth Regional Council (Second Respondent) Representation: Counsel: Michael Staunton (Applicant) Tom Howard SC with James Smith (First Respondent) Rob Mallik (solicitor) (Second Respondent)