Baillie Wines Pty Ltd v Camden Council [2026] NSWLEC 1333
Before: Gray C · NSW Land and Environment Court
Summary
APPEAL – development application – farm gate premises – farm stay accommodation – permissibility – whether there will be a commercial farm – definition of commercial farm – meaning of primary production business – rural industry – definition of agricultural production business – whether brewery is a
Catchwords
APPEAL – development application – farm gate premises – farm stay accommodation – permissibility – whether there will be a commercial farm – definition of commercial farm – meaning of primary production business – rural industry – definition of agricultural production business – whether brewery is an agricultural production business
Outcome
The Court orders that: (1) The appeal is dismissed. (2) The development application 2023/710/1 for the use of existing structures and the carrying out of works at 40 Cobbitty Road, Cobbitty, is determined by refusal of consent. (3) The exhibits are returned, except for Exhibits A, B, C and K, which are retained.
Legislation cited
Biodiversity Conservation Act 2016 (NSW) Biosecurity Act 2015 (NSW), ss 22-23 Environmental Planning and Assessment Act 1979 (NSW), ss 8.7, 8.15 Income Tax Assessment Act 1997 (Cth), s 995.1 Land and Environment Court Act 1979 (NSW), s 39 Local Government Act 1993 (NSW) Pesticides Act 1999 (NSW), s 10 Camden Local Environmental Plan 2010, cll 5.21, 5.24, 5.25, Dictionary Environmental Planning and Assessment Regulation 2021 (NSW), ss 37, 38 Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 (NSW) State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, s 2.32J Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022
Read the full judgment
Authoritative text on NSW Caselaw · ~86k words
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