Denoci Pty Limited v Liverpool City Council [2019] NSWLEC 1643

Denoci Pty Limited v Liverpool City Council [2019] NSWLEC 1643

The proposed development involves removal of approximately one hectare of endangered ecological community vegetation and habitat for threatened species. This results in a significant impact on local populations and ecological connectivity, fails to comply with Liverpool Local Environment Plan 2008 cll 7.6 and 7.31, is not compliant with key controls in Liverpool DCP 2008 Section 4, and the applicant's Species Impact Statement does not adequately survey Hibbertia fumana. The significant impact cannot be offset by the offered biobanking solution, and the zoning objectives do not override statutory environmental requirements. Appeal is dismissed and development application refused.

Parties
Applicant: Denoci Pty Limited; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
24 December 2019
Procedural Posture
Class 1 Appeal / Final Judgment, Post Hearing Determination
Legal Topics
Development Application, Earthworks, Endangered Ecological Community, Environmentally Significant Land, Vegetation Removal, Biodiversity Offsetting, Statutory Compliance, Zoning, Public Interest
Environmental Law Planning Law Development Application Earthworks Endangered Ecological Community Environmentally Significant Land Vegetation Removal Biodiversity Offsetting +3 more

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Parties

Denoci Pty Limited

Applicant

Liverpool City Council

Respondent

Procedural Posture

Class 1 Appeal / Final Judgment, Post Hearing Determination

Legal Issues

  1. 1 Whether the proposed earthworks and vegetation removal would have a significant impact on threatened species and ecological communities
  2. 2 Consistency of proposed development with Liverpool Local Environment Plan 2008 clauses 7.6 and 7.31
  3. 3 Compliance with Liverpool Development Control Plan 2008 Sections 3 and 4

Ratio Decidendi

The proposed development involves removal of approximately one hectare of endangered ecological community vegetation and habitat for threatened species. This results in a significant impact on local populations and ecological connectivity, fails to comply with Liverpool Local Environment Plan 2008 cll 7.6 and 7.31, is not compliant with key controls in Liverpool DCP 2008 Section 4, and the applicant's Species Impact Statement does not adequately survey Hibbertia fumana. The significant impact cannot be offset by the offered biobanking solution, and the zoning objectives do not override statutory environmental requirements. Appeal is dismissed and development application refused.