Chase Property Investments Pty Limited v Blue Mountains City Council & Anor [No 2] [2005] NSWLEC 457

Chase Property Investments Pty Limited v Blue Mountains City Council & Anor [No 2] [2005] NSWLEC 457

Clause 10.8(e) of the LEP requires connection to the Sydney Water public reticulated sewerage system for subdivisions in the Residential Bushland Conservation Zone, not mere on-site disposal. This requirement operates as a development standard rather than a prohibition. The proposed sewage treatment plant is not a separate or independent use of land but is subordinate to the main residential/tourist development and does not render the proposal designated development under the EP&A Act.

Parties
Applicant: Chase Property Investments Pty Limited; First Respondent: Blue Mountains City Council; Second Respondent: Residents Against Improper Development Incorporated
Jurisdiction
Australia
Judgment Date
23 August 2005
Procedural Posture
Class 1 Proceedings (planning Law) / Preliminary Questions of Law in Merit Review
Outcome
Preliminary legal questions determined for the applicant in part and for the respondents in part.
Legal Topics
Development Consent, Subdivision, Designated Development, Development Standards, Sewage and Effluent Disposal, Construction of Planning Instruments
Environmental Law Planning Law Development Consent Subdivision Designated Development Development Standards Sewage and Effluent Disposal Construction of Planning Instruments

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Parties

Chase Property Investments Pty Limited

Applicant

Blue Mountains City Council

First Respondent

Residents Against Improper Development Incorporated

Second Respondent

Procedural Posture

Class 1 Proceedings (planning Law) / Preliminary Questions of Law in Merit Review

Legal Issues

  1. 1 Whether the proposed development is prohibited by cl 10.8(e) of the Blue Mountains Local Environmental Plan 1991 because it cannot be serviced by a reticulated sewerage system
  2. 2 Whether cl 10.8(e) operates as a development standard
  3. 3 Whether development application no. X05/0412 is designated development under the Environmental Planning and Assessment Act 1979

Ratio Decidendi

Clause 10.8(e) of the LEP requires connection to the Sydney Water public reticulated sewerage system for subdivisions in the Residential Bushland Conservation Zone, not mere on-site disposal. This requirement operates as a development standard rather than a prohibition. The proposed sewage treatment plant is not a separate or independent use of land but is subordinate to the main residential/tourist development and does not render the proposal designated development under the EP&A Act.

Court Disposition

Preliminary legal questions determined for the applicant in part and for the respondents in part.

Orders

  • The proper construction of cl 10.8(e) of the Blue Mountains Local Environmental Plan 1991 requires that the development be serviced by a Sydney Water reticulated sewerage system.
  • Clause 10.8(e) operates as a development standard.