THE owner of a poultry farm at Cudgen faces a court battle with Tweed Shire Council after councillors last night voted unanimously to take legal action to force him to remove the chook sheds.

Neighbours have complained about the noise, smell and alleged pollution from 2000 laying hens, which farmer Dean Sikiric has housed in the sheds, with plans to add 10,000 more.

Mr Sikiric has claimed the council should be protecting his right to farm on the agricultural protection land, but the council alleges the sheds have been erected without development approval, the property is too small to allow for sufficient buffers from nearby homes and the sheds are larger than could be approved.

Cr Dot Holdom said a development application for the hen houses should have been lodged.

“This is a case of what comes first – the chicken or the DA. I say the DA,” she said.

“I have concerns for the welfare of the chickens, but my first concern is for the people living around that area.”

Cr Barry Longland said the construction of the sheds was “a blatant breach” of planning rules.

Earlier former Tweed mayor Warren Polglase warned Cudgen landowners even though their land may be zoned prime agricultural they must observe certain restrictions on farming activities there.