The applicant sought approval for a piggery facility which was refused by the Council of the City of Wagga Wagga based on the dangers of soil, watercourse and groundwater contamination due to the spreading of waste in the area. Other reasons for refusal were the odour that would be generated from the piggery and the unsuitability of the road system which would be used by heavy vehicles servicing the facility. The applicant appealed from this refusal in front of the Land and Environment Court.

Upon assessment under s 79C of the Environmental Planning and Assessment Act 1979 and upon applying the precautionary principle, the court determined that due to scientific uncertainty regarding the effects of increased rainfall, the spreading of waste and of the odour, the development application should be refused and the appeal therefore dismissed.