Sally's Saleyards Pty Ltd ('the company') lodged a development application and accompanying statement of environmental effects with Shellharbour City Council ('the Council') for a new commercial saleyard that will sell over 300,000 chickens and 40,000 cows each year by way of auction ('the saleyard'). The animals will be transported to and from the saleyard by trucks. The saleyard will be located on land zoned RU1 Primary Production under Shellharbour Local Environmental Plan 2013 (NSW) ('the LEP'). The Council granted development consent to the saleyard on 9 August 2023. Victor is a local resident that lives in an R2 Low Density Residential zone located 800 metres away from the saleyard. He has come to you for some advice. He first heard about the saleyard development through a news story he heard on the radio during which a representative of the company was talking about the new saleyard. The representative stated that they were pleased that the saleyard had got through the development consent process so quickly and that no residents had made a submission in relation to the development, indicating that there was wide public support for the saleyard. Victor then telephoned the Council for some more information about the saleyard given this was the first he had heard of the development. He also wanted to express his concerns to the Council about the development. Victor is concerned about potential pollution of a creek that is located near the boundary of the saleyard site within a public park that is zoned RE1 Public Recreation under the LEP. He is also concerned about the impact of increased truck movements in the local area due to animals being transported to and from the saleyard. He is concerned about safety impacts of the trucks driving past the public park, which a number of children frequent to play in, as well as the noise impact of trucks as they drive past the park and residential zone in which he lives. He is also concerned about potential odour impacts from the saleyard on people using the park and living in the residential zone. During Victor's telephone call to the Council a representative of the Council stated: "I'm afraid it's too late for you to have a say in relation to this development. The public had that opportunity already. We notified the development application and statement of environmental effects on our website for a period of 10 days during which submissions could be made. Information about the development was also placed on some signs on a power pole about 700 metres away from the saleyard site. I'm not sure what more you expected Council to do in terms of notifying people, clearly we did everything we could. 6 Council considered the statement of environmental effects, so we've done our job and you don't need to worry about environmental impacts. Your concerns are completely unwarranted. This is an exciting new development that will create 30 jobs for the local area and many related jobs for the trucking industry." Victor is quite concerned about what the Council representative has said. Victor also gave things a bit more thought after his discussion with the Council and now has some more concerns. He's a bit concerned about the Council placing so much emphasis on jobs and not really seeming bothered about environmental impacts or what the public might think. He thinks the company should have provided a higher level of environmental assessment documentation. He also now thinks the saleyard is prohibited in the zone or even if it isn't, that the Council was unable to approve the saleyard given the zone objectives. Victor has also heard that there is an Aboriginal scar tree on the saleyard site and he is concerned this will be damaged by the construction of the buildings that will form part of the saleyard. He has heard that the company may need to obtain another approval in relation to the Aboriginal scar tree but has heard that the company had only applied for development consent. Victor has asked you to provide him with advice in relation to the issues raised by the above scenario and whether he has any grounds to take proceedings in the Land and Environment Court of NSW in relation to the saleyard development. Advise Victor. Note: in answering this question you do not need to address whether a biodiversity development assessment report (or species impact statement) was required. Note: the legislation may refer to either a 'sale yard' or 'saleyard'.