- Great Southern Plantations
- Complaint by Yanmah Ridge Winery
- Application for development approval for a timber plantation before the Manjimup Shire Council
- Studies tabled concluded:
- Eucalyptus taint in grapes is associated with nearby eucalyptus trees – remove the trees and the taint disappears
- Bluegums (Eucalyptus Globalus) emit the strongest eucalyptus characters
- Contamination is from airborne oil transfer and leaf fragments caught in grape clusters
- Application refused: existing vineyards/intensive agriculture takes precedence to a timber plantation
4. Yeast drifts
- Development Application for a proposed microbrewery adjacent to the cellar door of Cullens Winery in Willyabrup, Caves Road, Margaret River
- Cullens Chardonnay recently judged "World's Best Chardonnay" at the Decanter International Wine Awards
- Brewery to be sited within 60 metres of the boundary of the Cullens property
- Cullens utilises biodynamics in the vineyard and wild yeasts in winemaking
- Manufactured yeasts decrease risks in winemaking
- Cullens argues against the DA that:
- Yeast cells from the brewery will escape and contaminate the wild yeasts in the vineyard
- Wild yeasts from a biodynamic vineyard result in wines that are in touch with terroir
- Escaped yeast cells will alter the flavour profile of wines and therefore the Cullens Brand
- AWRI Report commissioned for the matter (not publicly
available):
- Brewery yeasts will migrate to the adjoining property
- Contaminating yeasts will likely alter the course of fermentation (stuck ferments)
5. Frost control fans
5.1 Sumar Produce v Griffith City Council Land and Environment Court of NSW 2000
- Citrus orchard
- Fan comprising a 10m mast 2 blades @ 590 RPM – the sound of a helicopter
- Local area used for horticulture, but a rural lifestyle development has taken place in recent years and more is likely
- Applicant lodged a DA for the fan but proceeded without DA after legal advice that a DA not needed
- Complaints made and a Notice of "intrusive and offensive noise" issued
- Decision:
- allowed so long as noise limited (55 d BAL)
- the land was within the "Rural General Zone" where agriculture is development that can be carried out without development consent
6. Planning
6.1 Nurmi v WAPC 2006
- Subdivision of a 2.48 ha lot in the Swan Valley into 2 lots was
rejected:
- It would create an undesirable precedent
- Contrary to Government objectives to conserve and enhance the Swan Valley's unique resources
6.2 Town planning scheme 9
- Purpose and intent "to promote the Swan Valley as a horticultural, recreational tourism and landscape resource"
6.3 Swan Valley Planning Act
Objectives:
- Protection of viticulture/horticulture and to discourage inconsistent uses
- Tourism
- Encourage traditional activities of the Swan Valley and industries associated with viticulture horticulture and cottage industry
- Allow subdivision into lots of <4 ha only when consistent with these objectives
- Decision closely followed in several subsequent State Administrative Tribunal decisions
7. Pivot Group v Shire of Busselton 2007
7.1 Sculpture: "Free As A Bird"
- Rising from the dam
- 17metre steel beam (angle of 60°) supporting a 3 m high female figure
- Blue beam
- Figure gilded in 23 carat gold
- Vertical height 17.5 m
- 9 m above the high water mark
- Water feature below and lighting
- Application to SAT for retrospective planning consent
- Principal issue – the visual impact of the structure on Caves Road and whether it is inconsistent with the established planning framework
- Land zoned viticultural and tourism
- Shire policies – "maintain enhance and protect the natural and rural landscape, cultural and tourist values of Caves Road and environs"
- Held: the structure was compatible with the rural character of the locality
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