Woodhouse v Wyong Shire Council & Others

13. A Construction Certificate is to be issued by the Certifying Authority prior to commencement of any works. The application for this Certificate is to satisfy all of the requirements of the Environmental Planning and Assessment Regulation 2000.

14. Certification of the design of the sheds by a practicing engineer must be provided to the satisfaction of the Certifying Authority prior to the issue of the Construction Certificate.

15 The control of soil erosion on the site and the prevention of silt discharge into drainage systems and waterways in accordance with Council's Policy El - Erosion and Sediment Control from Building Sites and Development Control Plan No. 67 - Engineering Requirements for Development. The design plans must be approved by the Principal Certifying Authority prior to issue of the Construction Certificate. Noise

16. The LAeq noise level emanating from the premises as measured over any 15 minute period shall not exceed:

(a) 35 dBA between 6pm and 7am; and (b) 38 dBA between 7am and 6pm on any day at any affected residence or at any house site identified on Mepstead & Associates Pty Limited Drawing 4188. 17. Prior to commencement of operation a noise compliance test is to be carried out by an accredited acoustic consultant to demonstrate that the 35 dBA limit in condition 16 is achieved with 6 roof fans and two end wall fans per shed and with 6 end wall fans per shed operating in all sheds.

Prior to commencement of operation a noise compliance test is to be carried out by an accredited acoustic consultant to demonstrate that the 38 dBA limit in condition 16 is achieved with 12 end wall fans per shed operating in all sheds.

If it is found that more than six roof fans and two end wall fans or alternatively six end wall fans need to operate on any evening or night a further noise compliance test shall be carried out to demonstrate that the 35 dBA limit in condition 16 is achieved with the required number of fans operating in each shed.

A back up generator shall be installed with suitable capacity to service the proposed fans which will automatically operate upon any interruption to the electricity supply. Such a generator is to be sited so as not to create any adverse impact to any adjoining properties via noise generation and shall be treated or enclosed so that the noise level during operation shall not exceed 35 dBA when measured at any affected residence or at any house site identified on Mepstead & Associates Pty Limited Drawing 4188 to ensure the noise level complies with the relevant EPA criteria at the property boundaries. Details are to be submitted and approved by Council prior to the issue of the Construction Certificate.

The provision of a stormwater system with water quality control facilities required to manage stormwater runoff from the development in accordance with Council's requirements. Details are to be generally in accordance with the amended stormwater drainage concept prepared by Toby Fiander and Associates dated 30 June 2005. Design plans and construction are to be in accordance with Council's Development Control Plan No 67 - Engineering Requirements for Development. Design plans are to be approved by Council prior to issue of the Construction Certificate. Works, including the proposed pond and associated drainage works, are to be constructed and approved prior to the undertaking of earthworks for the sheds and roads to ensure sediment from these works is adequately collected during the construction phase and therefore does not adversely impact upon the water catchment and details to be included within Environmental Management Plan referred to in Condition 1.

The detention ponds to be provided with a waterproof membrane clay liner with appropriate level of compaction to provide a waterproof seal_ Details to be submitted to and approved by Council and details to be included within Hydrological Management Plan referred to in Condition 1.

A Water Management Plan that gives appropriate tank sizes and priority to the use of roof water, ground water and river water in that order. Details to be submitted to and approved by Council and details to be included within Hydrological Management Plan referred to in Condition 1.

A Waste Management Plan to be submitted to and approved by Council for the disposal of spent litter removed from the site.

PRIOR TO COMMENCEMENT OF WORKS: The following conditions must be satisfied prior to the commencement of site works, including any works relating to demolition, excavation or vegetation removal. Approved Plans 25. A copy of the stamped approved plans must be kept on site for the duration of site works and be made available upon request to either the Principal Certifying Authority or an officer of the Council. Building Code of Australia 26. The buildings must comply with the relevant provisions and requirements of the Building Code of Australia. Demolition 27. Building demolition work is to be carried out in accordance with the provisions of AS 2601 - 1991 - The Demolition of Structures. 28. The disposal of any asbestos materials in accordance with the requirements of Workcover NSW and AS 2601 - 2001 - The Demolition of Structures. Erosion and Sediment Control 29. The display of an appropriate sign to promote the awareness of the importance of the maintenance of sediment control techniques on the most prominent sediment fence or erosion control device, for the duration of the project. Note: On-the-spot fines may be imposed by Council for non-compliance with this condition. 30. The downpipes and stormwater drainage being installed and connected to the approved stormwater disposal system immediately the roof materials are positioned to prevent erosion of the site from roofwater. Inspections 31. The following inspections of the work must be undertaken and certified. Should Council be appointed as the Principal Certifying Authority (PCA), the inspections must be carried out by Council, or may be carried out by an Accredited Certifier with Council's prior agreement. In these cases, a record of the results of the inspection must be forwarded to Council as soon as is practicable after the inspection and any associated Compliance Certificates must be forwarded to Council within 2 days of issue, to enable Council to conduct the final inspection and issue the Occupation Certificate. 48 hours prior notice must be given to Council of the required inspection. 32. At the commencement of any demolition or building work (ie. prior to any demolition, excavation, clearing or building work): Check for compliance with Development Consent conditions, including the installation of siltation controls, waste controls, hoardings, site fencing and tree protection measures, (Mandatory for all Building Classes) 33. Other inspections identified via conditions of this development consent. (Mandated by Development Consent conditions, included in Council's service as PCA) 34. After the building work has been completed and prior to the issue of any Occupation Certificate in relation to the building: Check completion of building, pool fencing, etc., is in place and hoardings, fencing, building signs, etc., are removed. (Mandatory for all building Classes. Inspection must be conducted by Council as PCA.) Record of Inspections Carried Out 35. In accordance with clause 162E of the Environmental Planning and Assessment Regulation 2000, the certifying authority responsible for critical stage inspections must make a record of each inspection as soon as practicable after it has been carried out. Where Council is not the PCA, the PCA is to forward a copy of all records to Council. The record must include details of:

s the development application and construction certificate number; s the address of the property at which the inspection was carried out; s the type of inspection; s the date on which it was carried out; s the name and accreditation number of the certifying authority by whom the inspection was carried out; and s whether or not the inspection was satisfactory in the opinion of the certifying authority that carried it out. Inspections to be arranged with Council as the Principal Ce rtifying Authority. Notice of required inspection must be given 48 hours prior to inspection, by contacting Council's Customer Service Department on (02) 4350 5555. Site Requirements 36. The provision of a metal waste skip (with self-closing lid or secure covering) or lined mesh steel cage(s) on site for the duration of the construction to ensure that all wastes are contained on the site. The receptacle is to be emptied periodically to reduce the potential for rubbish to leave the site. An on site storage area for reuse, recycling and disposal of materials is to be provided. Concrete, brick, tile and excavation material is to be given first priority for reuse and recycling. Note: On the spot fines may be imposed by Council for pollution incidents. The Principal Contractor (or Owner/Builder) is to erect a sign in a prominent position on the site (not attached to any tree) identifying the name, address and telephone number of the Principal Certifying Authority (PCA) for the work; the name, address and telephone number (including a number for outside of business hours) of the Principal Contractor for the work (or Owner/Builder); and stating that unauthorized entry to the site is prohibited. The sign must be maintained while the work is being carried out and is to be removed when the work is completed. Appropriate signs can be collected from Council's Customer Service Centre, where Council is the nominated PCA. 37. Construction work may only be undertaken in accordance with the provisions of the Environmental Protection Authority's 'Environmental Noise Control Manual-Guidelines for Construction Noise' as identified below: (a) Monday to Friday 7.00 am to 6.00 pm (b) Saturday 8.00 am to 1.00 pm. (c) Work is not to be carried out on Sundays or Public Holidays.

Trees 38. Trees containing trunk or branch hollows provide habitat and shelter to native wildlife. Trees which are required to be removed as part of this consent which contain, or potentially contain hollows, are to be sectionally dismantled, taking care to minimise harm to resident wildlife. Dismantling of trees must be supervised by an experienced wildlife carer or consultant who holds an appropriate National Parks and Wildlife Services Licence. Wildlife must be relocated locally to an area with adequate resources and provided with a nest box or relocated hollow under instruction from the licensed carer or consultant. 39. The fauna ecologist employed to supervise the removal of trees must check individual trees for their habitat potential and advise the site manager and the tree clearing staff of any habitat potential and precautions necessary during tree felling. 40. Where a tree to be removed is confirmed as likely to contain fauna, the tree must be felled in sections under the fauna ecologist's direct supervision. Should a threatened species be positively identified, all clearing works are to cease and the advice of the National Parks and Wildlife must be sought.

The following conditions must be satisfied prior to the release of an Occupation or Subdivision Certificate.

Application for an Occupation Certificate must be submitted to and approved by the Principal Certifying Authority prior to occupation of the building.

A Subdivision Certificate is to be issued by the Certifying Authority prior to the registration of the plan of subdivision. The application for this Certificate is to satisfy all of the requirements of the Environmental Planning and Assessment Regulation 2000.

Registration of the plan of subdivision associated with the boundary realignment prior to the issue of an Occupation Certificate for the works associated with the poultry redevelopment.

Certification of the construction of the sheds by a practicing engineer prior to the issue of the Occupation Certificate.

All additional civil works required to ensure satisfactory transitions to existing work as a result of work conditioned for the development works are to be approved by Council prior to issue of the Occupation Certificate.

All works within a public road must be approved by Council under the Roads Act 1993 as the Roads Authority.

Provision of the following to highlight the Springs Road intersection for approaching traffic along George Downs Drive:

(a) Raised reflective markers are to be installed as per the relevant Standards for a distance of 200m both north and south along George Downs Drive from Springs Road. (b) Advance intersection warning signs are to be provided in advance of the intersection in George Downs Drive in accordance with the relevant Australian Standard.

Signs be installed on Springs Road, at no cost to Council, for both approaches to the access for the development, warning of trucks in accordance with Australian Standards AS 1742.1 No W5-22B 'Trucks (Crossing or Entering)" and Council's requirements.

Design plans for these works are to be approved by Council prior to commencement of the works, with the final works to be approved by Council prior to the issue of the Occupation Certificate.

Note: The plans are to be submitted to Wyong Council who will seek the concurrence of Gosford Council as the authority responsible for that intersection. Dams 51. The design and construction of the dams must comply with Council's Development Control Plan No 72 - Farm Dams and Rural Works. Dust Control 52. Appropriate measures (e.g. fine water spray) shall be employed during demolition, excavation and construction works to prevent the emission of dust and other impurities into the surrounding environment. All such measures shall be co-ordinated with site sedimentation controls to ensure polluted waters do not leave the site. Erosion and Sediment Control 53. All erosion and sediment control works must be approved by Council prior to issue of the Occupation Certificate. Landscaping 54. All landscaping works are to be carried out in accordance with the Landscape Plan referred to in condition 2A. 55. The satisfactory completion and certification by the landscape consultant of all landscaping works prior to the issue of an Occupation Certificate. Stormwater 56. All drainage works for the development must be approved by Council prior to release of the Occupation Certificate. 57. The stormwater system with water quality control facilities to treat stormwater runoff from the development must be approved by Council under Section 68 of the Local Government Act prior to issue of the Occupation Certificate. ONGOING OPERATION: The following conditions must be satisfied during use & occupation of the development. Restrictions on Use 58. The operation shall strictly comply with the Environmental Management Plan referred to in condition 1. 59. All lighting shall be designed so as to ensure that glare does not adversely impact upon any adjoining property. 60. All deliveries to and from the site, apart from bird pick-ups, are to be carried out between 7.OOam and 7.OOpm. Stormwater 61. All stormwater treatment devices (including drainage systems, sumps and traps) being regularly maintained in order to remain effective. 62. Compliance with the stormwater management plans referred in Condition 1, including but not limited to the following: a the construction of three sediment basins to collect surface water. b the construction of a dam to collect roofwater from the sheds. c the installation of sediment fences and hay bales to prevent sedimentation downstream. d stabilisation of ground cover to prevent erosion. e efficient compaction rates (of clay for shed floors) to avoid infiltration and contamination of groundwater; and f implementation of a maintenance and monitoring system. Storage of Bulk Fluids and Dangerous Goods 63. The installation and operation of the LPG facility being in accordance with Australian Standard 1596:1997, Storage and handling of LP Gas. Waste Management 64. Compliance with the Waste Management Plan submitted with the application, or as modified by Council, in accordance with Development Control Plan No 69 - Controls for Site Waste Management. Other Requirements 65. The operation of the facility is to comply with the relevant provisions of the Protection of the Environment Operations Act 1997 at all times. 66. All chemicals and/or dangerous goods are to be stored in accordance with the requirements of WorkCover NSW.

Environmental Management Plan for Chicken Meat Enterprise; Longridge Estate, 2210 Springs Road, Kulnura

PURPOSE OF ENVIRONMENTAL MANAGEMENT PLAN 1 SCOPE OF APPLICATION 2 STOCKING DENSITY 3 MONITORING 4 ODOUR MANAGEMENT 5 LITTER AND DEAD BIRD MANAGEMENT 6 BIRD NUTRITION AND HEALTH 7 NOISE MANAGEMENT 8 DUST MANAGEMENT 9 LIGHT MANAGEMENT 10 WATER MANAGEMENT 11 PEST MANAGEMENT 12 CHEMICAL MANAGEMENT 13 COMMUNITY LIAISION AND COMPLAINT MANGEMENT 14 LOG BOOK

1.1 This environmental management plan ("EMP") is the plan referred to in condition 1 of development consent ("the development consent") issued by the Land and Environment Court on 21 February 2006 in respect to the poultry farm located at 2210 Springs Road, Kulnura ("the land").

1.2 This EMP specifies the operational and management standards and practices and strategies and measures for minimising environmental risks and contingency actions for managing environmental problems that may arise. It contains clear guidelines as to the management of the farm and monitoring of impacts.

1.3 The owner of the land and/or operator (collectively termed "the operator" herein) of the poultry farm must ensure that the farm is managed in accordance with this EMP.

2.1 A copy of the EMP and the development consent is to be provided to the chicken processor, as it may be from time to time. The operator shall not enter into a contract which would be contrary to the terms of the development consent or this EMP.

2.2 The operator of the poultry farm shall ensure that any employees, contractors, agents or assigns whom supply or are involved in the operation of the poultry farm are provided with a copy of the development consent, this EMP and the Truck Noise Management Plan prepared by DT Benbow of Dick Benbow & Associates Pty Limited dated August 2005 (released 11 August 2005) and the hydrological management plan prepared by Toby Fiander & Associates Pty Limited dated 30 June 2005. The operator shall ensure that all persons referred to above comply with the development consent, EMP and Truck Noise Management Plan and the Hydrological Management Plan. If compliance is not achieved then the operator shall give the person/company a written warning to comply. If compliance is not achieved by the person/company on a second occasion, the operator shall terminate that person/company's employment/association with the poultry farm. The operator shall ensure that the warning system forms an essential term of any contract with a third party.

3.1 The maximum stocking density is restricted to 168,000 birds.

4.1 The following monitoring of the poultry farm shall be undertaken to ensure the reasonable amenity of adjoining properties.

4.2 Environmental Management Report Twelve months after commencement of the poultry farm operations, and subject to continuing satisfactory performance two yearly thereafter for the duration of the development, the operator shall submit an Environmental Management Report to the Wyong Shire Council ("the Council"). This report shall:

i. Provide an overview of the operation of the development for the previous year; ii. Identify all the statutory requirements the development is to comply with;

iii. Review the environmental performance of the development to determine whether it is complying with this consent and the statutory requirements;

iv. Identify all the occasions during the previous year when there has been non-compliance; where non-compliance is occurring, describe what actions are (or will be taken) to ensure compliance, who will be responsible for carrying out these actions, and when these actions will be implemented; v. Include a summary of any complaints made about the development, and indicate what actions were taken (or are being taken) to address these complaints; and vi. Include the detailed reporting from the Environmental Monitoring Program and identify any trends in the monitoring over the life of the development.

4.3 If performance is not satisfactory an Environmental Management Report is to be prepared annually until Council is satisfied that performance is satisfactory.

4.4 The immediately adjoining landowners shall be informed when the environmental management report has been submitted to Council.

4.5 Independent Environmental Audit One year after the commencement of operations, and every four years thereafter, the operator shall commission, and pay the full cost of, an Independent Environmental Audit. The Independent Environmental Audit shall:

i. Be conducted by a suitably qualified, experienced, and independent person whose appointment has been endorsed by the Council;

ii. Assess the environmental performance of the development, based on the environmental monitoring program, and this EMP.

iii. Recommend measures or actions to improve the environmental performance of the development, and/or the environmental management and monitoring systems. 4.6 The immediately adjoining landowners shall be informed when the independent environmental audit report has been submitted to Council.

4.7 Appointment of Environmental Officer The operator shall employ a suitably qualified and experienced Environmental Officer(s) throughout the life of the development, which appointment is acceptable to the Council. The Officer(s) will:

i Be responsible for the continued implementation of this EMP. ii Be responsible for considering and advising on matters specified in the conditions of the development consent and advising on compliance with such matters;

iii Be responsible for receiving and responding to complaints in accordance with this EMP; and

iv Facilitate an induction and training program for all persons involved with the construction and operation of the development.

The operator shall notify the Council of the name and contact details of the Environmental Officer(s) upon appointment and any changes to that appointment.

4.8 Odour monitoring The operator shall undertake odour measurements and compare them to those assumed in the modelling performed by Pacific Air & Environment. Should the emission rates be significantly greater than those assumed in the PAE methodology, then dispersion modelling using an appropriate methodology should be conducted. If modelled odour impacts are significantly greater than those predicted in Figure 1 to the joint report of Robin Ormerod and Kerry Holmes dated 16 February 2006, then steps must be taken to reduce emissions. Once reduction measures have been taken, repeat testing of emissions during one subsequent batch must be performed and reported in a manner that indicates whether compliance with the above-stated requirements is met. The measurements shall be undertaken as follows: 1. Measurements are to be conducted during two batches within the first 12 months of operation of the four tunnel ventilated sheds. Sampling shall take place during one winter and one summer period, after day 30of the growing cycle. Measurements shall be made in accordance with the Australian/New Zealand Standard AS/NZS 4323.3 (2001) Stationary source emissions Part 3: Determination of odour by dynamic olfactometry. 2. Odour measurements should be made at one shed. The odour measurement may be done inside the shed at the end of the shed before the fans, or outside at the outlet of a fan. 3. Sampling shall be conducted during normal operation of the ventilation system, on two occasions on each day of sampling, under differing ventilation conditions. Samples are to be gathered in duplicate, with a minimum of four samples (eight including duplicates) in total.

4. At least four litter moisture Holmes Ormerod Joint Statement Page 5 samples are to be taken from the shed at the time of odour sampling, with samples as a minimum being taken from beneath the drinker line and within 3 metres of the cooling pads so that maximum litter moisture content can be identified. The shed selected as representative of normal operating conditions during the peak growing period is based on inspection of the sheds by the team undertaking the monitoring in conjunction with the site manager.

A single odour sample should comprise a sequence of sub-samples equally timed at each operating fan so as to obtain a shed average odour level. Ambient meteorological conditions including air temperature, relative humidity and cloud cover should be reported. The number of fans operating at the time of sampling must be reported.

Airflow from the operating fans at each shed should be measured using a hot wire anemometer, miniature anemometer or a Pitot tube and at least 16 measurements should be made across the plane of each fan to determine a shed-average flow rate. Alternatively, flow may be measured internally to the shed according to the method used by the Queensland Department of Primary Industries.

Dispersion modelling shall be undertaken by a member of the Clean Air Society of Australia & New Zealand.

Odour measurements are to be carried out by an accredited laboratory such as:

• The Odour Unit
• EML
• Environodour

5 ODOUR MANAGEMENT 6 LITTER AND DEAD BIRD MANAGEMENT

i. The litter material shall be wood shavings. If shavings are unavailable, then the alternative material is:

(A) to be dust free (B) to have no more than 15 per cent of it consisting of particles smaller than 2mm.

(C) to have a low thermal conductivity to retain warmth and act as insulation; and

ii. That bedding materials are checked upon delivery to the farm that they are dry. iii. That bedding, as referred to in 6.1i above, is replaced immediately after every batch clean out of the poultry houses. iv. That no water is permitted to enter the poultry houses and storage facilities from rain, irrigation, sprinklers, surface water or the like. v. Drains in the immediate vicinity of the poultry houses are to be maintained to prevent water ingress into the poultry houses. vi. Fogger lines will not be installed in the poultry houses. vii. That only nipple drinkers with spillage cups are to be installed for watering birds. The nozzles, feeder lines and water pressure in the drinkers are to be checked daily and maintained to avoid litter wetting. viii. The nipple drinkers are maintained at an appropriate height to prevent spillage. ix. That evaporative cooling pads are to be used as the means of cooling inlet air. The cooling pad system is to be maintained regularly and will be checked weekly to ensure efficient function. x. Ventilation, heating and cooling systems are to be continually monitored to ensure that the moisture content of litter/bedding is controlled so that it remains friable (i.e. moisture content between 15-20%). xi. Patches of wet or caked litter is removed from sheds as soon as possible, but in any event daily, and replaced with fresh litter. The farmer shall investigate the cause of the wet or caked litter and take immediate steps to ensure that the cause is cured. xii. Maintain insulation of the poultry house to a level that prevents condensation forming on the undersides of the roofs. xiii. That the ventilation and cooling systems are maintained so that birds are kept in a comfortable environment and avoid excessive water consumption associated with high shed internal temperatures.

xiv. In summer, if the target temperature range for bird age cannot be met, then steps including reducing stocking density should be taken to ensure that the target range is met. xv. That fans and ventilation openings are maintained so that they are free from obstruction and dust is regularly cleaned from its components. xvi. Removal/handling of litter from the poultry houses shall not occur in adverse climatic conditions. The risk of odour impact is increased when mild breezes are blowing from the sheds towards nearby residences and land. In the early morning or towards night, cold air drainage can also carry odours considerable distances downslope. Odour movement is also affected by temperature inversions and can reach nearby residences. xvii. Spent litter is not to be applied on the farm. xviii. Spent litter is to be transported from the farm in covered vehicles to avoid spillage and dust emission. xix. Spillages are contained and cleaned up immediately to minimise the likelihood of stormwater contamination. xx. Avoid litter becoming wet during the removal process. xxi. Reduce ventilation from the shed during removal to minimise off site odour and dust impacts. xxii. Dead birds shall be collected from the poultry houses each day and disposed of in the biobin. If the biobin is not operable for any reason, dead birds shall be refrigerated or frozen. xxiii. Farm practices for dead bird management and disposal must comply with the Broiler Industry Biosecurity Code (Australian Chicken Meat Federation 2002).

xxiv. An exotice disease contingency plan should be developed. The site for storage / disposal shall be in the position nominated in the EIS prepared by Pooled Resources Pty Limited which accompanied the development application. xxv. Dead bird collection vehicles and all containment systems are to be leak proof and vermin proof. 7 BIRD NUTRITION AND HEALTH

i That quality, balanced diet, approved by a specialist veterinarian, is provided to birds to ensure that digestive upsets and excess nitrogen excretion is minimised. ii Potable water, or other water as approved by a specialist veterinarian, is to be supplied to the birds to minimise digestive upsets.

iv That a specialist veterinarian be called immediately that poor bird health is suspected and that the problem be treated without delay.

v That caked feed is routinely removed in silos and feed handling equipment to minimise risk of mycotoxin which can cause excessively wet droppings.

vi Minimise entry of disease organisms by implementing appropriate "National Standard" biosecurity measures as stated in the EIS prepared by Pooled Resources Pty Limited which accompanied the DA.

vii That poultry houses are disinfected between cleanouts to minimise residual disease and that houses are dry before installing fresh litter.

viii For larger scale mortality event the operator shall book the Jacks Gully Tip at Narellan or the Bedminster Compost facility at Port Stephens, being facilities designed to receive such waste and dispose of the dead birds from the site immediately.

8.1 The operator shall ensure that the Truck Noise Management Plan prepared by DT Benbow of Dick Benbow & Associates Pty Limited dated August 2005 (released 11 August 2005) annexed hereto and marked "A" is strictly complied with.

i That no unloading or loading activities are carried out at the north eastern ends of the poultry houses between 10pm and 7am. ii The diesel generator shall be treated or enclosed so that the noise level during operation shall not exceed 35dBA when measured at any affected residence or at any house site identified on Mepstead & Associates Pty Limited Drawing 4188.

iii The mechanical ventilation of the poultry houses shall be regularly maintained and cleaned.

iv Feed deliveries and other truck movements (apart from bird pick up where necessary) shall be minimised outside daylight hours.

v Strobe lights are used on forklifts rather than a reverse alarm.

vi Employees and contractors working on the site shall be advised to keep evening/night conversations quiet.

vii Truck engines shall be turned off as soon as practicable.

8.3 The LAeq noise level emanating from the premises as measured over any 15 minute period shall not exceed:

(c) 35 dBA between 6pm and 7am; and (d) 38 dBA between 7am and 6pm on any day at any affected residence or at any house site identified on Mepstead & Associates Pty Limited Drawing 4188.

9.1 Truck loads are not to be accepted on site or dispatched if they are not covered.

9.2 The surface of the roads on site are to be maintained so as to minimise additional dust.

10.1 Lights used to illuminate the site for security and bird pick up must be angled or shielded so that they do not directly illuminate on any nearby sensitive land uses.

10.2 Truck and vehicle lights shall be turned off when a vehicle is not moving.

i Maintain the approved drainage system to ensure that erosion, sedimentation and nitrification of surrounding lands and fluvial systems will not result in runoff from the poultry farm. ii Comply with the Hydrological Management Plan prepared by Toby Fiander & Associates Pty Limited dated 30 June 2005.

i Ensure that all buildings, plant and equipment are designed and maintained to exclude vermin from the farm, sheds, water and feed. ii Ensure that all feed supplies and breeding sites used by pests are eliminated from the farm. For example, feed spills and carcasses must be cleaned up immediately and breeding sites and harbours are eliminated by keeping grass around sheds mown, the farm tidy and the environment as dry as possible.

iii Routine (monthly) baiting for rats and mice is undertaken.

iv Ensure that pest numbers are regularly monitored and targeted pest extermination programs are undertaken, maintained and monitored for effectiveness.

v Pesticide use must meet the requirements of the Pesticides Act 1999 and associated Regulations and any amendment thereto.

i All farm chemicals are stored, handled, applied and disposed of in accordance with labelled directions and the Pesticides Act 1999. ii Storage, transport and use of chemicals meet the requirements for protection of the health and safety of workers and visitors to the workplace and meet the Hazardous substances requirements laid down in the Occupational Health and Safety Regulation 2001 under the Occupational Health and Safety Act 2000 (administered by NSW Workcover).

iii Chemical records covering the purchase or procurement of chemicals and details of their application are maintained for a period of at least 3 years. Records are to be available to the responsible authorities to confirm that chemical use meets regulatory requirements. Refer to the Pesticides Amendment (Records) Regulation 2001.

iv All people applying chemicals on the farm have successfully completed training in safe use of chemicals (for example SMARTtrain Chemical Application course or Managing Chemical Use course). The operator shall keep records of all such training.

v Sheds are closed during chemical applications to minimise off site chemical spray drift. Sheds are to be kept closed for the recommended time after spraying of toxic or odourous chemicals.

vi There is no spray drift or run off from sprayed areas into adjoining properties.

vii Minimise chemical use and choose chemicals with the lowest toxicity and water contamination potential.

viii Where required use specialist contractors to supply and apply chemicals such as during farm clean out.

i Inform neighbours of unusual events or problems that may affect their amenity, the timeframe of the impact and the mitigation strategies that have been initiated. ii When a complaint is made, gather relevant evidence and identify and implement strategies to remedy the problem to the satisfaction of the complainant. Inform the complainant of the outcome of the investigation and any actions taken to avoid recurrence of the problem including, if necessary, the obtaining of expert advice and implementation of the recommendations.

iii Record full details of complaints received, results of investigations and corrective actions in a complaint register.

iv Record significant operational activities on the farm.

v The operator will take steps to address the complaint and will notify the Council of the complaint and the steps taken by the operator.

vi In the event of a dispute, the operator will participate in any meeting or mediation process suggested by the Council.

15.1 The operator shall keep a record of the following information: i When chickens are delivered and picked up at the poultry farm, and how many chickens are in each delivery and pick up. ii The number of deceased chickens disposed of from the poultry farm.

iii Details of deliveries or picks up including time and pickup from the poultry farm, together with a notation that the operator has informed the driver of the requirements of the Truck Noise Management Plan.

iv Copies of any written warnings referred to in clause 2.2 above.

v All monitoring referred to in 4 above is to be recorded as being carried out and details of who carried out such monitoring is to be recorded.

vi Date of servicing of all farm equipment (including but not limited to fans, cooling pad systems, generators, feeder lines) including details of work carried out.

vii Date that routine baiting for rats and mice is undertaken.

viii Monitoring of pest numbers and date extermination programs undertaken.

ix Record chemical applications, including date and time of application and identify the chemical.

x Record training of employees/contractors in chemical application as identified in 13.1 iv.

xi Record internal temperature of poultry house at 9am, noon and 7pm each day.

15.2 The records shall be available for inspection by the Council.

DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.