Muscat Developments Pty Ltd (formerly known as Muscat Hydroponics Pty Ltd) and ors v Wollondilly Shire Council Muscat Developments Pty Ltd (trading as Muscat Developments Pty Ltd) v Wollondilly Shire Council [2017] NSWLEC 1681

Land and Environment Court New South Wales

Medium Neutral Citation: Muscat Developments Pty Ltd (formerly known as Muscat Hydroponics Pty Ltd) and ors v Wollondilly Shire Council Muscat Developments Pty Ltd (trading as Muscat Developments Pty Ltd) v Wollondilly Shire Council [2017] NSWLEC 1681 Hearing dates: 5 June 2017 Date of orders: 06 June 2017 Decision date: 06 June 2017 Jurisdiction: Class 1 Before: Brown C Decision: See orders pars 18, 19 Catchwords: MODIFICATION: refusal by the council to modify development consent 10.21 12.125.4 for intensive livestock agriculture, poultry broiler farming

BUILDING CERTIFICATE: refusal of the council to issue a building certificate for three water storage tanks, three partially constructed sheds and building pads and other structures associated with the raising of chickens Legislation Cited: Environmental Planning and Assessment Act 1979 Cases Cited: Moto Projects (No 2) Pty Ltd v North Sydney Council [1999] 106 LGERA 298 Texts Cited: Nil Category: Principal judgment Parties: Appeal No. 2016/386136

Muscat Developments Pty Ltd (formerly known as Muscat Hydroponics Pty Ltd) (First Applicant) James Muscat (Second Applicant) Catherine Mary Muscat (Second Applicant) Wollondilly Shire Council .(Respondent)

Appeal No. 2017/137997

Muscat Developments Pty Ltd (trading as Muscat Developments Pty Ltd) (Applicant) Wollondilly Shire Council .(Respondent) Representation: Counsel: Dr J Smith, barrister (Applicants) Mr S Nash, barrister(Respondent)