Terra Ag appeals NSW Land and Environment Court dismissal

SITE IN QUESTION: The proposed site for Terra Ag's rural supplies business next to the community's Sikh temple. PHOTO: Anthony Stipo.
SITE IN QUESTION: The proposed site for Terra Ag's rural supplies business next to the community's Sikh temple. PHOTO: Anthony Stipo.

Terra Ag has launched an appeal against its recent dismissal at the Land and Environment Court of NSW, rejuvenating its plans to build a fertiliser storage depot next to the Griffith Sikh Temple.

The agronomy company’s appeal listing will be heard on August 29 before a Registrar for Directions in Sydney, opening the possibility of another lengthy court case.

Griffith City Council confirmed the latest legal action in a statement, saying council solicitors have advised Terra Ag has lodged an appeal against Senior Commissioner Martin’s recent decision to uphold the refusal by council of their Kidman Way development application.

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

Terra Ag’s Council solicitors previously lodged an appeal against the decision of Senior Commissioner Martin upholding the refusal by council of their development application. 

An Independent Hearing and Assessment Panel recommended Griffith City Council approve a controversial development next to the Sikh Temple back in 2016, much to the disgust of the Griffith Sikh community.

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However, council went against the recommendations made by the Independent Hearing and Assessment Panel advising it approve the development application, subject to a number of conditions. 

The panel was appointed by council to avoid a potential conflict of interest and was advisory only.

Mayor Dal Broi said council would work with Terra Ag to identify an alternative site in an appropriate zone, following the most recent court dismissal.