Australia, Aug. 16 -- New South Wales Land and Environment Court issued text of the following judgement on July 16:

1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the respondent's deemed refusal of the applicant's development application DA/2021/984/1 (Development Application) seeking consent for the change of use of three existing sheds, construction of a new shed, earthworks, landscaping and tree removal on land legally identified as Lot 5 in Deposited Plan 260390, known as 440 Cawdor Road, Cawdor (Subject Land).

2. The Court has power to dispose of these proceedings under its Class 1 jurisdiction pursuant to s 17(d) of the Land and Environment Court Act 1979 (LEC Act).

Background

3. This matter has a long and convoluted history.

4. The Subject Land is approximately 24.27ha and zoned RU2 Rural Landscape under the Wollondilly Local Environmental Plan 2011 (WLEP). It is owned by the applicant.

5. The Subject Land has a frontage of approximately 546m to Westbrook Road and 404m to Cawdor Road. The Subject Land presently contains six poultry sheds, four rural sheds, water tanks, circulation areas and two dwellings.

6. The Subject Land has the benefit of a number of operative development consents. As set out in the Applicant's Written Submissions (AWS) at [28], these development consents can be summarised as follows:

* Development Consent No. 10.2012.125.004 (Modification of DA 10.2012.125.001 for the construction and use of an intensive Livestock Agriculture - Poultry (Broiler) Farm granted by the Land and Environment Court on 6 June 2017 (Broiler Farm Consent). This consent also authorised the construction of an earth mound in the north-east of the Site as well as the construction of the South East (Central) mound to a maximum height of 5m.

* Development No 10.2017.174.1, granted by the Land and Environment Court on 18 October 2018 for the construction and use of an intensive livestock industry (poultry) facility, including 8 poultry sheds, 2 machinery sheds, composting and litter sheds, office workers amenities, bulk earthworks and associated infrastructure (Poultry Farm Consent). This consent authorised the construction of an earth mound in the northwest of the Land (North West Mound) to a maximum height of not more than 5.75m above ground level and a width of approximately 20m... this consent also approved a detailed landscape plan (PS02-G200) that includes provision for, inter alia, extensive perimeter landscaping in order to screen the proposed development from being able to be seen... and the planning of tall trees on top of the mounds.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197f21e0ccd98bf7d6fbe654)

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