Dames and Moore Pty Ltd V Byron Council [2000] NSWLEC 46

Dames and Moore Pty Ltd V Byron Council [2000] NSWLEC 46

The environmental impact of the proposed development is sufficiently adverse, particularly given the extreme botanical importance of endangered flora present on the site and the recent recognition of its significance. Cumulative impacts with previously approved development warrant refusal of development consent.

Jurisdiction
Australia
Judgment Date
10 March 2000
Procedural Posture
Development Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['tree Removal' 'development Consent' 'environmental Impact' 'threatened Species' 'cumulative Impact']
['environmental Law' 'planning Law'] ['tree Removal' 'development Consent' 'environmental Impact' 'threatened Species' 'cumulative Impact']

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Procedural Posture

Development Appeal / Judgment

Legal Issues

  1. 1 ['Whether development consent should be granted for tree removal to carry out infrastructural works for an approved subdivision' 'Environmental impact on threatened species' 'Cumulative impact assessment with previously approved development']

Ratio Decidendi

The environmental impact of the proposed development is sufficiently adverse, particularly given the extreme botanical importance of endangered flora present on the site and the recent recognition of its significance. Cumulative impacts with previously approved development warrant refusal of development consent.

Court Disposition

appeal dismissed

Orders

  • ['Appeal dismissed.' 'Development consent refused.' 'Exhibits be returned.' 'No order as to costs.']