THE question of what should come first the chicken farm or the development application was answered at the Tweed Shire Council meeting on Tuesday.
A long running dispute over the establishment of a poultry farm at Cudgen had ended with the council rejecting a development application for the business.
The council took the poultry farm owner to the NSW Land and Environment Court after receiving complaints about noise, odour and contamination of local water supplies in July last year.
After an investigation from the council it was revealed that no application was approved for the farm.
On Tuesday, a development application for a poultry farm on the site was refused.
Director of Planning Vince Connell said the history of the situation had no bearing on the DA decision, which was put forward by an applicant other than the owner.
"This development application was considered solely on its merits, without prejudice, as is required with any application we consider," Mr Connell said.
"Council staff made the correct determination that the site was unsuitable for the DA as submitted.
"There is a definite message in all this about the importance of compliance and following proper procedures before making significant investment in any business."
The council will also seek to recoup legal costs of about $120,000 from the owner of the property for the NSW Land and Environment Court action.
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