Golfam Pty Limited v Penrith City Council and Water Administration Ministerial Corporation [2006] NSWLEC 283

Golfam Pty Limited v Penrith City Council and Water Administration Ministerial Corporation [2006] NSWLEC 283

Because the parties resolved the planning issues, agreed to amended General Terms of Approval adopting revegetation in accordance with the development application documents, and consent orders were prepared, the appeal was upheld by consent and development consent was granted subject to conditions and the amended General Terms of Approval.

Jurisdiction
Australia
Judgment Date
24 May 2006
Procedural Posture
Class 1 Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of an Integrated Development Application / Ex Tempore Consent Judgment After Hearing
Outcome
Appeal upheld by consent; integrated development application approved subject to conditions and amended General Terms of Approval.
Legal Topics
['development Application for Eighteen Hole Golf Course' 'integrated Development' 'revegetation of Creek System' 'general Terms of Approval Under the Rivers and Foreshores Improvement Act 1948' 'flood Mitigation and Drainage']
['planning and Environment' 'development Consent' 'water and Riparian Regulation'] ['development Application for Eighteen Hole Golf Course' 'integrated Development' 'revegetation of Creek System' 'general Terms of Approval Under the Rivers and Foreshores Improvement Act 1948' 'flood Mitigation and Drainage']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of an Integrated Development Application / Ex Tempore Consent Judgment After Hearing

Legal Issues

  1. 1 ['Whether the integrated development application for an eighteen-hole golf course including landscaping should be approved subject to conditions and General Terms of Approval.' 'What revegetation regime for Peach Tree Creek should be imposed through Condition 36 of the General Terms of Approval.' 'Whether riparian plantings should protect remnant native vegetation, reduce nutrient flow into the creek system and Nepean River, provide habitat, and maintain hydraulic efficiency during major flood events.']

Ratio Decidendi

Because the parties resolved the planning issues, agreed to amended General Terms of Approval adopting revegetation in accordance with the development application documents, and consent orders were prepared, the appeal was upheld by consent and development consent was granted subject to conditions and the amended General Terms of Approval.

Court Disposition

Appeal upheld by consent; integrated development application approved subject to conditions and amended General Terms of Approval.

Orders

  • ['The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.' 'Integrated development application No 02/3390 lodged with the respondent council on 20 December 2002 to construct an eighteen-hole golf course including landscaping on Part Lot 11, DP 710086; Part Lot 12, DP 710086; Part Lot...