Pocket Herbs and Produce Pty Ltd v Tweed Shire Council

Introduction

1. Burringbar is a small town in the hinterland of the Northern Rivers region of New South Wales. It enjoys a rural and bushland character, with farming, orchards and other rural activities interspersed by large lot residential living.
2. For several years the Applicant has conducted a rural industry comprised initially by a micro herb production facility and more recently adding edible production and processing a little less than 2 kilometres to the north west of the small commercial and retail centre of Burringbar. It is common ground that the Applicant's activities have been unreasonably noisy from time to time causing not insignificant disturbance to its neighbours in an otherwise peaceful rural environment.
3. The Applicant seeks to modify one of the two consents of which it has the benefit, giving rise to stormwater management and, more importantly, acoustic issues. During the course of the hearing all issues between the parties were resolved, proposed modified conditions were agreed, as were the terms of a plan of management for the activities.
4. The Council accepted that the modification could be approved and made no submission in opposition. The Court must, however, be satisfied on the evidence that it is appropriate to grant the modification application. For the reasons which follow, I am satisfied that the modification application should be approved with conditions.