Agronomy company Terra Ag had taken Griffith City Council  to court in a bid to reverse its development application (DA) refusal to build its business off the Kidman Way

On Thursday, the Land and Environment Court of NSW dismissed Terra Ag’s appeal, on the grounds its proposed development could be “characterised as a heavy industrial storage facility” and is therefore “prohibited” in that zone. 

Alvise Minato,  a long-time resident who owns a farm on Kidman Way next to the temple and proposed development, had united with the Sikh community to argue noise, traffic, dust, and odour from the sale of fertiliser on site could damage the health of residents. 

Mr Minato visited the Sikh temple on Saturday to rejoice the decision.

“We both pray to the one God, and he has answered our prayers,” he said. 

Sikh community representative Hardip Chahal said its evidence of what can be achieved when the community works together.

“I’m very thankful to all those who attended meetings and signed our petition”.

He said he was also grateful to the court's senior commissioner Rosemary Martin – who handed down the decision – for taking the time to visit the temple and listen to their concerns. 

Finally he thanked Griffith City Council for their support. 

Last year, council voted to block Terra Ag’s DA after listening to residents concerns.  

In response to Thursday’s verdict, Mayor John Dal Broi said "Council accepts the decision from the senior commissioner”.

“Moving forward, Council is happy to work with Terra Ag in identifying an alternative site in an appropriate zone and to see a new development application submitted, " Cr Dal Broi said.

Terra Ag did not respond to our requests for comment on Thursday’s decision. 

Sikh community elder Amarjit Singh, said “to me, this shows the Australian justice system is fair.”.

Mr Chahal made a submission to the court on behalf of his community, saying the temple was the Sikhs’ “most revered worship place”. He observed the Temple is also used for daily serving of meals.

Former councillor Bill Lancaster praised council and its planning staff for their part in resolving this long outstanding development application, saying “people wouldn't not fully appreciate how difficult it would have been for them”.  

As council is looking for alternative sites, Mr Lancanster suggested they “consider waiver of fees” as such a facility would “undoubtedly assist our farmers and gardeners”.