Wallace v Central Coast Council [2022] NSWLEC 1674

Wallace v Central Coast Council [2022] NSWLEC 1674

The Court was satisfied that the Applicant's final complete BDAR, comprising the original BDAR as modified by the BDAR Addendum, was prepared consistently with the Biodiversity Conservation Act 2016 and the Biodiversity Assessment Method 2020; that the amended subdivision design, retained vegetation, wildlife corridor, biodiversity credits, nest box measures and required updates to the Biodiversity Management Plan adequately avoided, minimised and offset impacts on Squirrel Glider habitat and did not give rise to serious and irreversible impacts; and that the proposed wildlife corridor, subject to fencing, rubbish management and other conditions, was acceptable for facilitating...

Jurisdiction
Australia
Judgment Date
06 December 2022
Procedural Posture
Class 1 Appeal Against Refusal of Development Application Da/87/2020 for Residential Subdivision, Demolition and Associated Works / Principal Judgment Giving Directions for Final Settled Conditions Before Final Orders Granting Development Consent
Outcome
Directions made for the parties to file final settled conditions of consent; if complied with, final orders will be made granting development consent.
Legal Topics
['development Application for Subdivision of Land' 'bushfire Prone Land' 'biodiversity Development Assessment Report' 'squirrel Glider Habitat' 'wildlife Corridor' 'avoidance, Minimisation and Offsetting of Biodiversity Impacts' 'serious and Irreversible Impacts on Biodiversity Values' 'conditions of Development Consent']
['planning and Environment' 'biodiversity Conservation' 'development Assessment' 'bushfire Planning'] ['development Application for Subdivision of Land' 'bushfire Prone Land' 'biodiversity Development Assessment Report' 'squirrel Glider Habitat' 'wildlife Corridor' 'avoidance, Minimisation and Offsetting of Biodiversity Impacts' 'serious and Irreversible Impacts on Biodiversity Values' 'conditions of Development Consent']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application Da/87/2020 for Residential Subdivision, Demolition and Associated Works / Principal Judgment Giving Directions for Final Settled Conditions Before Final Orders Granting Development Consent

Legal Issues

  1. 1 ["Whether the Applicant's BDAR had been prepared in a manner consistent with the requirements of the Biodiversity Conservation Act 2016 and the Biodiversity Assessment Method 2020" 'Whether the Proposed Development adequately avoided, minimised and offset potential impacts on the Squirrel Glider and its habitat on the Subject Site' 'Whether the proposed wildlife corridor was acceptable in relation to facilitating biodiversity movement, including that of Squirrel Gliders, across the local landscape' 'Whether final conditions of consent should include deferred commencement requirements for a tree retention plan and an updated Biodiversity Management Plan']

Ratio Decidendi

The Court was satisfied that the Applicant's final complete BDAR, comprising the original BDAR as modified by the BDAR Addendum, was prepared consistently with the Biodiversity Conservation Act 2016 and the Biodiversity Assessment Method 2020; that the amended subdivision design, retained vegetation, wildlife corridor, biodiversity credits, nest box measures and required updates to the Biodiversity Management Plan adequately avoided, minimised and offset impacts on Squirrel Glider habitat and did not give rise to serious and irreversible impacts; and that the proposed wildlife corridor, subject to fencing, rubbish management and other conditions, was acceptable for facilitating...

Court Disposition

Directions made for the parties to file final settled conditions of consent; if complied with, final orders will be made granting development consent.

Orders

  • ['The Parties are directed to prepare final settled conditions of consent, consistent with findings in this judgment, and to file these by no later than Monday 19 December 2022.' 'The matter is listed for mention on Tuesday 20 December 2022 at 4:15pm by telephone.' 'If the direction at (1) above is complied with,...