Damerau v Central Coast Council [2020] NSWLEC 1417

Damerau v Central Coast Council [2020] NSWLEC 1417

The Court refused the development application because the applicants provided no concept or detailed plan showing how proposed Lot 101 would connect to Council's existing vacuum sewer system, including pipe dimensions, depth, service conflicts, connection points and related design details. The Court was therefore not satisfied that adequate arrangements existed for disposal and management of sewage under cl 7.9(c) of the Wyong Local Environmental Plan 2013, so s 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979 was not satisfied and consent could not be granted.

Jurisdiction
Australia
Judgment Date
10 September 2020
Procedural Posture
Class 1 Appeal Against Refusal of Development Application Da/27/2019 / Final Determination After Conciliation Was Terminated Under S 34 Aa(2)(b) of the Land and Environment Court Act 1979
Outcome
Appeal dismissed; Development Application DA/27/2019 refused.
Legal Topics
['torrens Title Subdivision' 'essential Services' 'sewage Disposal and Management' 'insufficient Information to Assess Development Application' 'flood Risk']
['planning and Environment Law' 'development Consent' 'subdivision'] ['torrens Title Subdivision' 'essential Services' 'sewage Disposal and Management' 'insufficient Information to Assess Development Application' 'flood Risk']

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application Da/27/2019 / Final Determination After Conciliation Was Terminated Under S 34 Aa(2)(b) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Court should grant leave to rely on the amended subdivision plan, version D, dated 28 February 2020.' 'Whether the application provided sufficient information to satisfy cl 7.9(c) of the Wyong Local Environmental Plan 2013 concerning disposal and management of sewage for proposed Lot 101.' 'Whether the precondition in s 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979 was satisfied so that development consent could be granted.' 'Whether the appeal against refusal of Development Application DA/27/2019 should be upheld or dismissed.']

Ratio Decidendi

The Court refused the development application because the applicants provided no concept or detailed plan showing how proposed Lot 101 would connect to Council's existing vacuum sewer system, including pipe dimensions, depth, service conflicts, connection points and related design details. The Court was therefore not satisfied that adequate arrangements existed for disposal and management of sewage under cl 7.9(c) of the Wyong Local Environmental Plan 2013, so s 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979 was not satisfied and consent could not be granted.

Court Disposition

Appeal dismissed; Development Application DA/27/2019 refused.

Orders

  • ['The Court grants leave to rely on amended subdivision plan, version D, dated 28 February 2020.' 'The appeal is dismissed.' 'Development Application DA/27/2019, which as amended seeks subdivision of one residential lot into two residential lots, the demolition of a shed, and connection to an existing sewer system...