Arkibuilt Pty Ltd v Ku-ring-gai Council [2014] NSWLEC 1161

Arkibuilt Pty Ltd v Ku-ring-gai Council [2014] NSWLEC 1161

The development consent could not be granted as the applicant had not demonstrated that the proposal was consistent with the biodiversity protection objectives of cl 6.3 of the Ku-ring-gai Local Environmental Plan (Local Centres) 2012 or that it had been designed, sited, and managed to avoid adverse environmental impacts, specifically the loss of the Sydney Turpentine Ironbark Forest trees of high conservation value—the evidence did not establish that removal of the trees was unavoidable or appropriately offset.

Jurisdiction
Australia
Judgment Date
14 August 2014
Procedural Posture
Development Appeal / Final Judgment
Outcome
Appeal dismissed.
Legal Topics
['development Consent' 'endangered Ecological Communities' 'local Environmental Plans' 'development Control Plans' 'biodiversity Protection']
['environmental Law' 'planning Law'] ['development Consent' 'endangered Ecological Communities' 'local Environmental Plans' 'development Control Plans' 'biodiversity Protection']

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Procedural Posture

Development Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether removal of Sydney Turpentine Ironbark Forest (STIF) is consistent with biodiversity protection objectives under cl 6.3 of the Ku-ring-gai Local Environmental Plan (Local Centres) 2012' 'Whether the development was designed, sited, and managed to avoid potentially adverse environmental impacts as required by cl 6.3(4)' 'Significance of ecological expert evidence regarding health and conservation value of STIF']

Ratio Decidendi

The development consent could not be granted as the applicant had not demonstrated that the proposal was consistent with the biodiversity protection objectives of cl 6.3 of the Ku-ring-gai Local Environmental Plan (Local Centres) 2012 or that it had been designed, sited, and managed to avoid adverse environmental impacts, specifically the loss of the Sydney Turpentine Ironbark Forest trees of high conservation value—the evidence did not establish that removal of the trees was unavoidable or appropriately offset.

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal dismissed.' 'The Exhibits are returned.']