Greenfields Development Company No. 2 Pty Ltd v Camden Council [2019] NSWLEC 1412

Greenfields Development Company No. 2 Pty Ltd v Camden Council [2019] NSWLEC 1412

The Court dismissed the appeal because the proposed stratum subdivision was premature and unacceptable on merit. There was insufficient planning justification to approve stratum subdivision along the entire road sections when adjoining development and the proposed rail station and corridor remained uncertain. Approval could make future above-ground or below-ground crossings easier and create an expectation of approval, risking inconsistency with the DCP objectives for active street frontages and a pedestrian-friendly town centre. Refusal did not prevent a future stratum subdivision application when the need and impacts could be assessed with greater certainty.

Jurisdiction
Australia
Judgment Date
03 September 2019
Procedural Posture
Class 1 Appeal Against Deemed Refusal of a Development Application / Final Hearing and Principal Judgment
Outcome
The appeal is dismissed.
Legal Topics
['development Application for Subdivision and Dedication of Public Roads' 'stratum Subdivision' 'public Interest' 'orderly and Economic Development' 'development Control Plan Objectives' 'special Infrastructure Contribution Works in Kind Agreement']
['planning and Environment' 'development Control' 'subdivision'] ['development Application for Subdivision and Dedication of Public Roads' 'stratum Subdivision' 'public Interest' 'orderly and Economic Development' 'development Control Plan Objectives' 'special Infrastructure Contribution Works in Kind Agreement']

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of a Development Application / Final Hearing and Principal Judgment

Legal Issues

  1. 1 ['Whether the proposed stratum subdivision of parts of Oran Park Drive and Dick Johnson Drive should be approved as part of the subdivision and road dedication development application.' 'Whether the proposed stratum subdivision was premature because adjoining land uses, built form, and the proposed railway station and corridor were uncertain.' 'Whether approval would create an undesirable precedent and risk undermining the Oran Park Development Control Plan objectives for active street frontages and a people-orientated, pedestrian friendly town centre.' 'Whether the Special Infrastructure Contribution Works In Kind deed was a voluntary planning agreement and a mandatory consideration under s 4.15(1)(a)(iiia) of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

The Court dismissed the appeal because the proposed stratum subdivision was premature and unacceptable on merit. There was insufficient planning justification to approve stratum subdivision along the entire road sections when adjoining development and the proposed rail station and corridor remained uncertain. Approval could make future above-ground or below-ground crossings easier and create an expectation of approval, risking inconsistency with the DCP objectives for active street frontages and a pedestrian-friendly town centre. Refusal did not prevent a future stratum subdivision application when the need and impacts could be assessed with greater certainty.

Court Disposition

The appeal is dismissed.

Orders

  • ['The appeal is dismissed.' 'The exhibits are returned apart from Exhibits A and 1.']