GHD Pty Ltd v Palerang Council [2009] NSWLEC 1342

GHD Pty Ltd v Palerang Council [2009] NSWLEC 1342

The proposed development is not consistent with the objectives in cl 3(2)(a)(i) and (b)(i) of Yarrowlumla LEP 2002 and the objectives of Zone 2(v), particularly regarding ecologically sustainable development and the suitability of the land due to risks of avulsion and failure to respond appropriately to flooding and the natural features of Bungendore, thus warranting refusal of the development application and dismissal of the appeal.

Jurisdiction
Australia
Judgment Date
16 October 2009
Procedural Posture
Appeal Against Development Application Refusal / Judgment
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application' 'ecologically Sustainable Development (esd)' 'floodplain Management' 'subdivision' 'riparian Impacts' 'geomorphological Impacts' 'hydrological Impacts' 'stormwater Management' 'noise' 'environmental Assessment']
['environmental Law' 'planning Law'] ['development Application' 'ecologically Sustainable Development (esd)' 'floodplain Management' 'subdivision' 'riparian Impacts' 'geomorphological Impacts' 'hydrological Impacts' 'stormwater Management' 'noise' 'environmental Assessment']

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Procedural Posture

Appeal Against Development Application Refusal / Judgment

Legal Issues

  1. 1 ['Whether the proposed development is consistent with the objectives of the Environmental Planning and Assessment Act 1979, Yarrowlumla Local Environmental Plan 2002, and principles of ESD' 'Whether the proposed development suitably addresses flooding, ESD, riparian, geomorphological and hydrological impacts, stormwater disposal, noise, and flood free access']

Ratio Decidendi

The proposed development is not consistent with the objectives in cl 3(2)(a)(i) and (b)(i) of Yarrowlumla LEP 2002 and the objectives of Zone 2(v), particularly regarding ecologically sustainable development and the suitability of the land due to risks of avulsion and failure to respond appropriately to flooding and the natural features of Bungendore, thus warranting refusal of the development application and dismissal of the appeal.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'Development Application DEV.2007.0360 for the extraction of material and the filling of land to create a 40 lot residential subdivision at Turallo Terrace, Bungendore is refused.' 'The exhibits are returned.']