A MANILLA group opposed to five large scale chicken farms has been given the go ahead to challenge council’s approval of the $82 million projects, after a court dismissed an appeal by the developer to have the matter thrown out.
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Chief Justice Brian Preston found the Woolcott Group, a Manilla-based grain company, had made a submission opposing the five Baiada Poultry development applications during the exhibition period, and had a right to appeal council’s approval.
The ruling, handed down in the Land and Environment Court yesterday morning saw Baiada’s property arm, Rostry, ordered to pay the other side’s costs after a two day hearing.
Rostry had lodged five appeals against the Woolcott’s group, arguing its letter objecting to the development had not been received by Tamworth Regional Council during the 28-day formal submission period.
But Chief Justice Preston ruled against it, finding the letter landed in the council’s postbox in time, but was not opened for more than a week.
“It matters not that the council did not process and register Woolcott’s submission at the council’s office in Tamworth until 12 March 2014. Woolcott’s submission was received when it was delivered to the council’s post office box on March 3, 2014,” Chief Justice Preston said.
In July, Tamworth’s councillors voted in favour of the chicken giant’s plans to construct up to 70 sheds housing almost three million birds across five farms on the outskirts of Manilla.
The court hearing saw three council staff provide evidence on the processing of mail, and had argued its records showed the letter had been hand delivered, while an Australia Post representative gave evidence on when the express post envelope was delivered.
Chief Justice Preston said Rostry had failed to prove what happened between March 3 and 7, when the envelope remained in the post box.
Yesterday’s ruling paves the way for Woolcott to take Tamworth Regional Council to court over the approval of the five developments, with a date still to be determined.
Namoi River Community Group president Matthew Fletcher said the judgement was pleasing.
“As the Namoi River Community Group has always said, these are the wrong developments in the wrong place and should never have been approved,” he said.
“I’ve been informed by the Woolcott Group that they’re overwhelmed that they now get the chance to prove that these developments should never have been approved.”
Council has confirmed to The Leader it “will certainly have a look at procedures in light of the judgement.”
The court also found council’s decision to extend the formal notice period for one nearby landholder who was notified 11 days later than neighbouring properties, was invalid under law.
