DEXUS Funds Management Limited v Blacktown City Council (No 3) [2011] NSWLEC 230

DEXUS Funds Management Limited v Blacktown City Council (No 3) [2011] NSWLEC 230

Blacktown City Council granted development consent for a shopping centre without properly considering limitations of the ROW, traffic impacts, and contamination requirements under SEPP 55, in breach of statutory duties. The consent was void and of no effect.

Jurisdiction
Australia
Judgment Date
30 November 2011
Procedural Posture
Judicial Review / Final Judgment
Outcome
Declaration of invalidity; development consent void
Legal Topics
['development Consent' 'right of Way' 'traffic Impacts' 'contamination' 'sepp 55 Compliance' 'judicial Review' 'deferred Commencement Consent' 'remediation of Land']
['planning and Environment Law'] ['development Consent' 'right of Way' 'traffic Impacts' 'contamination' 'sepp 55 Compliance' 'judicial Review' 'deferred Commencement Consent' 'remediation of Land']

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Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether Council failed to consider limitations of the right of way (ROW) and its traffic impacts' 'Whether Council failed to consider traffic control signal impacts as required by deferred commencement conditions' 'Whether Council failed to consider contamination issues in accordance with SEPP 55']

Ratio Decidendi

Blacktown City Council granted development consent for a shopping centre without properly considering limitations of the ROW, traffic impacts, and contamination requirements under SEPP 55, in breach of statutory duties. The consent was void and of no effect.

Court Disposition

Declaration of invalidity; development consent void

Orders

  • ['The determination of Development Application DA 08-638 by Blacktown City Council is void and of no effect.' 'The Second Respondent, its servants and agents, are restrained from taking any action or carrying out any works in reliance on the purported determination.' 'The question of costs is reserved.']