Hassell Pty Ltd v Warringah Shire Council [2000] NSWLEC 49

Hassell Pty Ltd v Warringah Shire Council [2000] NSWLEC 49

The principal planning controls applicable to the applications were those in force at the time (Warringah Local Environmental Plan 1985 and Development Control Plan No 19), not the draft LEP, because the draft instrument lacked sufficient certainty and imminence. The stormwater control measures, particularly the Water Quality Control Pond (WQCP), were found to be adequate and to deliver genuine environmental benefit, as supported by credible expert evidence and relevant approvals. There was no significant impact on threatened species or ecological communities, including the Red Crowned Toadlet and Tetratheca Glandulosa, and the site did not meet all required criteria to be classified as...

Jurisdiction
Australia
Judgment Date
12 May 2000
Procedural Posture
Development Appeal / Final Judgment
Outcome
All three appeals upheld and development consent granted to the applicant, subject to agreed conditions.
Legal Topics
['development Application' 'subdivision' 'local Environmental Plan' 'draft Local Environmental Plan' 'stormwater Management' 'threatened Species' 'vegetation Community' 'ecologically Sustainable Development' 'development Control Plan']
['planning and Environment' 'administrative Law'] ['development Application' 'subdivision' 'local Environmental Plan' 'draft Local Environmental Plan' 'stormwater Management' 'threatened Species' 'vegetation Community' 'ecologically Sustainable Development' 'development Control Plan']

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Procedural Posture

Development Appeal / Final Judgment

Legal Issues

  1. 1 ['What weight should be given to the Draft Warringah Local Environmental Plan 1999 in assessing the development applications?' 'Is the stormwater disposal system for the proposed subdivision adequate, including implications for Manly Dam?' 'What is the impact of the development on threatened species, particularly the Red Crowned Toadlet and the Tetratheca Glandulosa community?' "Is the subject site or parts of the site appropriately classified as 'Duffys Forest' vegetation community?" 'Are the design and location of the proposed dwellings acceptable in light of relevant planning controls?']

Ratio Decidendi

The principal planning controls applicable to the applications were those in force at the time (Warringah Local Environmental Plan 1985 and Development Control Plan No 19), not the draft LEP, because the draft instrument lacked sufficient certainty and imminence. The stormwater control measures, particularly the Water Quality Control Pond (WQCP), were found to be adequate and to deliver genuine environmental benefit, as supported by credible expert evidence and relevant approvals. There was no significant impact on threatened species or ecological communities, including the Red Crowned Toadlet and Tetratheca Glandulosa, and the site did not meet all required criteria to be classified as...

Court Disposition

All three appeals upheld and development consent granted to the applicant, subject to agreed conditions.

Orders

  • ["Appeal No.10739 of 1999 upheld: development application for subdivision of part of lot 7 and lot 17 into five lots, and erection of a dwelling on each, granted consent subject to conditions in Annexure 'A'." "Appeal No.10740 of 1999 upheld: development application for subdivision of lot 23 and lot 26 into seven...