FKP Funds Management Pty Limited v Mosman Council [2011] NSWLEC 1000

FKP Funds Management Pty Limited v Mosman Council [2011] NSWLEC 1000

The proposal was refused because the evidence showed a significant intensification of use on a constrained site, with traffic expected to increase from the existing benchmark of about 88 vehicles per hour to about 230 trips per hour in Horsnell Lane and Field Way, exceeding environmental capacity and worsening an already poorly performing road network. The traffic management plan and proposed conditions were inadequate to control the complex access, delivery and loading constraints. The increased traffic would also exceed the applicable ECRTN noise allowance, and unresolved deficiencies in waste management, disabled access and bicycle parking reinforced that the development did not...

Jurisdiction
Australia
Judgment Date
14 January 2011
Procedural Posture
Class 1 Appeal Against Council's Refusal of a Development Application / Principal Judgment After Hearing
Outcome
Appeal dismissed; development consent refused.
Legal Topics
['development Application for Refurbishment of Retail Centre' 'traffic Impacts and Pedestrian Safety' 'parking and Access' 'acoustic Impacts' 'waste Management' 'public Interest']
['environmental Planning' 'development Consent' 'land and Environment Court Proceedings'] ['development Application for Refurbishment of Retail Centre' 'traffic Impacts and Pedestrian Safety' 'parking and Access' 'acoustic Impacts' 'waste Management' 'public Interest']

Case Brief

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Procedural Posture

Class 1 Appeal Against Council's Refusal of a Development Application / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed refurbishment and supermarket use would cause unacceptable traffic impacts on Military Road, Field Way and Horsnell Lane.' 'Whether the proposal provided adequate parking, disabled access, bicycle parking and loading arrangements.' 'Whether noise from loading dock operations, plant and additional traffic would exceed acceptable criteria.' 'Whether waste management arrangements were adequate for the proposed supermarket use.' 'Whether the cumulative impacts and non-compliances meant the site was unsuitable and consent should be refused in the public interest.']

Ratio Decidendi

The proposal was refused because the evidence showed a significant intensification of use on a constrained site, with traffic expected to increase from the existing benchmark of about 88 vehicles per hour to about 230 trips per hour in Horsnell Lane and Field Way, exceeding environmental capacity and worsening an already poorly performing road network. The traffic management plan and proposed conditions were inadequate to control the complex access, delivery and loading constraints. The increased traffic would also exceed the applicable ECRTN noise allowance, and unresolved deficiencies in waste management, disabled access and bicycle parking reinforced that the development did not...

Court Disposition

Appeal dismissed; development consent refused.

Orders

  • ['The appeal is dismissed.' 'Development consent for alterations and the refurbishment of the existing retail centre at 710 Military Road, Mosman is refused.' 'The exhibits be returned except for 1, 4, 7, A and D.']