Alexander & Dwyer Group v Warringah Council [2006] NSWLEC 43

Alexander & Dwyer Group v Warringah Council [2006] NSWLEC 43

The Court was satisfied, by reference to the Don Fox Planning report, the evidence of the water quality expert and the agreed amendments, that the relevant controls had been reasonably complied with, the waste water system with monitoring conditions would minimise pollution risk within acceptable limits, and the roof colour compromise reasonably achieved both architectural integrity and council's objective of a recessive roof appearance. Consent orders granting development consent were therefore appropriate.

Jurisdiction
Australia
Judgment Date
31 January 2006
Procedural Posture
Appeal Against Deemed Refusal of a Development Application / On Site Hearing; Ex Tempore Judgment; Consent Orders
Outcome
Appeal upheld; development consent granted subject to conditions; exhibits retained; no order as to costs noted.
Legal Topics
['development Application' 'alterations and Extensions to Flower Market' 'waste Water Treatment' 'building Materials Colour' 'roof Colour' 'consent Orders']
['planning and Environment Law'] ['development Application' 'alterations and Extensions to Flower Market' 'waste Water Treatment' 'building Materials Colour' 'roof Colour' 'consent Orders']

Case Brief

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Procedural Posture

Appeal Against Deemed Refusal of a Development Application / On Site Hearing; Ex Tempore Judgment; Consent Orders

Legal Issues

  1. 1 ['Whether development consent should be granted for alterations and extensions to the Terry Hills Flower Market building and ancillary buildings at 287 Mona Vale Road, Terry Hills.' 'Whether the proposed waste water treatment system and monitoring conditions were acceptable.' 'Whether the proposed roof colour and materials were acceptable.']

Ratio Decidendi

The Court was satisfied, by reference to the Don Fox Planning report, the evidence of the water quality expert and the agreed amendments, that the relevant controls had been reasonably complied with, the waste water system with monitoring conditions would minimise pollution risk within acceptable limits, and the roof colour compromise reasonably achieved both architectural integrity and council's objective of a recessive roof appearance. Consent orders granting development consent were therefore appropriate.

Court Disposition

Appeal upheld; development consent granted subject to conditions; exhibits retained; no order as to costs noted.

Orders

  • ['The appeal is upheld.' 'Development Application No. 2004/1012 proposing alterations and additions to the Hills Flower Market site at 287 Mona Vale Road, Terry Hills, is determined by the granting of development consent subject to the conditions in Annexure "A".' 'The exhibits be retained on file.']