Davis v Gosford City Council [2012] NSWLEC 62

Davis v Gosford City Council [2012] NSWLEC 62

Based on the expert evidence, the proposed development was not likely to significantly affect the threatened species or their habitats; hence, a species impact statement was not required. Consequently, the Council's rejection of the application on such grounds was null and void, and the application was validly made and should be considered on its merits.

Jurisdiction
Australia
Judgment Date
27 March 2012
Procedural Posture
Judicial Review / Principal Judgment
Outcome
Declarations and orders granted in favour of the applicants; application allowed.
Legal Topics
['development Application' 'species Impact Statement' 'threatened Species' 'jurisdictional Fact' 'costs']
['environmental Law' 'administrative Law'] ['development Application' 'species Impact Statement' 'threatened Species' 'jurisdictional Fact' 'costs']

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Procedural Posture

Judicial Review / Principal Judgment

Legal Issues

  1. 1 ['Whether the development application was required to be accompanied by a species impact statement under s 78A(8)(b) Environmental Planning & Assessment Act 1979 and cl 51(2)(b) Environmental Planning and Assessment Regulation 2000' 'Whether the proposed development is likely to significantly affect threatened species or their habitats under s 5A Environmental Planning & Assessment Act 1979']

Ratio Decidendi

Based on the expert evidence, the proposed development was not likely to significantly affect the threatened species or their habitats; hence, a species impact statement was not required. Consequently, the Council's rejection of the application on such grounds was null and void, and the application was validly made and should be considered on its merits.

Court Disposition

Declarations and orders granted in favour of the applicants; application allowed.

Orders

  • ['Declaration that the development application lodged by the applicants on 26 July 2011 was not required to be accompanied by a species impact statement under the Threatened Species Conservation Act 1995 (NSW).' 'Declaration that the development application was made on 26 July 2011.' "Declaration that the Council's...