Fife Capital Pty Ltd v Cumberland Council (No.2) [2017] NSWLEC 1569

Fife Capital Pty Ltd v Cumberland Council (No.2) [2017] NSWLEC 1569

Having considered the material before the Court and the parties' submissions, the Court was satisfied following an evaluation under s 79C of the Environmental Planning and Assessment Act 1979 that the amended proposal warranted approval; the appeal was upheld and development consent was granted subject to conditions.

Jurisdiction
Australia
Judgment Date
06 October 2017
Procedural Posture
Class 1 Development Appeal / Final Orders After Amended Plans, Vegetation Management Plan and Agreed Conditions Filed
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Consent' 'bulk Earthworks' 'endangered Ecological Community' 'species Impact Statement' 'vegetation Management Plan' 'environmental Buffers']
['planning and Environment Law'] ['development Consent' 'bulk Earthworks' 'endangered Ecological Community' 'species Impact Statement' 'vegetation Management Plan' 'environmental Buffers']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Final Orders After Amended Plans, Vegetation Management Plan and Agreed Conditions Filed

Legal Issues

  1. 1 ['Whether consent should be granted for bulk earthworks, including excavation and movement of soil to provide 28,000m² of fill' 'Impact on an endangered ecological community' 'Whether a species impact statement is required' 'Required buffer to Prospect Creek' 'Required buffer to vegetation community' 'Land zoned for industrial and environmental purposes']

Ratio Decidendi

Having considered the material before the Court and the parties' submissions, the Court was satisfied following an evaluation under s 79C of the Environmental Planning and Assessment Act 1979 that the amended proposal warranted approval; the appeal was upheld and development consent was granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The applicant is granted leave to rely on the amended plans dated 22/9/2017 and annotated in Condition 1 of Annexure A.' 'The appeal is upheld.' 'Consent is granted to Development Application No. 2016/327/1 for bulk earthworks, including excavation and movement of soil to provide 28,000m² of fill at Lot 3, DP...