Australand Industrial No 18 Pty Ltd v Auburn Council [2004] NSWLEC 105

Australand Industrial No 18 Pty Ltd v Auburn Council [2004] NSWLEC 105

The Stage 1 development application warranted approval because, in the context of staged development under cl 64 of the LEP and conditions requiring later consents under s 80(5) of the EP&A Act, the masterplan achieved a reasonable balance between residential redevelopment and heritage conservation. The proposed school use of the heritage core was, in principle, a suitable adaptive re-use, the application contained sufficient information for Stage 1, and the modified subdivision, road and open space layout was acceptable. Matters such as detailed residential built form, ultimate dwelling yield and detailed school occupation could properly be assessed in subsequent development applications.

Jurisdiction
Australia
Judgment Date
19 March 2004
Procedural Posture
Development Appeal Under Environmental Planning and Assessment Act 1979, S 97 / Appeal Against Deemed Refusal of Stage 1 Development Application; Judgment on Planning Merits With Conditions to Be Finalised
Outcome
Appeal upheld; development consent to be granted subject to appropriate conditions to be finalised.
Legal Topics
['stage 1 Masterplan Development Application' 'staged Development' 'residential Redevelopment' 'educational Use of Heritage Precinct' 'heritage Impact' 'subdivision Layout' 'public Open Space' 'built Form Strategy' 'development Consent Conditions']
['planning and Environment Law' 'heritage Conservation' 'development Consent'] ['stage 1 Masterplan Development Application' 'staged Development' 'residential Redevelopment' 'educational Use of Heritage Precinct' 'heritage Impact' 'subdivision Layout' 'public Open Space' 'built Form Strategy' 'development Consent Conditions']

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Procedural Posture

Development Appeal Under Environmental Planning and Assessment Act 1979, S 97 / Appeal Against Deemed Refusal of Stage 1 Development Application; Judgment on Planning Merits With Conditions to Be Finalised

Legal Issues

  1. 1 ['Whether adequate information was provided for the Stage 1 staged development application under cl 64 and Schedule 7 of Auburn Local Environmental Plan 2000.' 'Whether the proposed educational use of the heritage core was, in principle, a suitable adaptive re-use having regard to heritage conservation and integration with the future residential estate.' 'Whether the proposal retained sufficient heritage buildings and achieved an appropriate balance between residential redevelopment and heritage conservation.' 'Whether the proposed subdivision road and open space layout was acceptable despite the absence of a detailed built form strategy.' 'Whether development consent should be granted subject to conditions, including conditions requiring further development consents under Environmental Planning and Assessment Act 1979, s 80(5).']

Ratio Decidendi

The Stage 1 development application warranted approval because, in the context of staged development under cl 64 of the LEP and conditions requiring later consents under s 80(5) of the EP&A Act, the masterplan achieved a reasonable balance between residential redevelopment and heritage conservation. The proposed school use of the heritage core was, in principle, a suitable adaptive re-use, the application contained sufficient information for Stage 1, and the modified subdivision, road and open space layout was acceptable. Matters such as detailed residential built form, ultimate dwelling yield and detailed school occupation could properly be assessed in subsequent development applications.

Court Disposition

Appeal upheld; development consent to be granted subject to appropriate conditions to be finalised.

Orders

  • ['The parties are invited to bring in short minutes for the final disposal of the proceedings in accordance with the reasons for judgment.' "If adjudication is necessary on any dispute as to the content of appropriate conditions, the parties have liberty to restore on 3 days' notice and are directed to file their...