Logan-Bald Partnership v Byron Shire Council [2002] NSWLEC 185

Logan-Bald Partnership v Byron Shire Council [2002] NSWLEC 185

The Ecomax system stores waste and that component satisfies the designated development criteria for sewerage systems or works. However, the legislative changes made by the Environmental Planning and Assessment Amending Act 1997 and the Environmental Planning and Assessment Regulation 2000 did not displace the established characterisation test. Applying that test, the sewerage system use was subordinate to the dominant purpose of the proposal, namely housing and subdivision. The development application was therefore not one made in respect of designated development.

Jurisdiction
Australia
Judgment Date
12 December 2002
Procedural Posture
Development Application Appeal Concerning Whether a Proposal Comprises Designated Development / Judgment on Question of Law Raised by the Respondent Council
Outcome
Part of the proposal comprised designated development, but it was subordinate to the dominant housing and subdivision purpose; the development application was not one made in respect of designated development. Proceedings were remitted to the Registrar, exhibits were to be returned except Exhibit 2, and costs were...
Legal Topics
['designated Development' 'characterisation of Use' 'sewerage Systems or Works' 'environmental Impact Statement' 'byron Local Environmental Plan 1988' 'environmental Planning and Assessment Act 1979']
['environmental Planning Law' 'land and Environment Law'] ['designated Development' 'characterisation of Use' 'sewerage Systems or Works' 'environmental Impact Statement' 'byron Local Environmental Plan 1988' 'environmental Planning and Assessment Act 1979']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Development Application Appeal Concerning Whether a Proposal Comprises Designated Development / Judgment on Question of Law Raised by the Respondent Council

Legal Issues

  1. 1 ['Whether the proposal comprises designated development for the purposes of the Environmental Planning and Assessment Act 1979.' 'If the proposal comprises designated development, whether the appeal can be upheld and the development application in its present form be approved.' 'Whether the Ecomax system stores sewerage, sludge or effluent within the meaning of Schedule 3, clause 29(3) of the Environmental Planning and Assessment Regulation 2000.' 'Whether a designated development component that is subordinate to the dominant purpose of housing and subdivision makes the whole development application one in respect of designated development.']

Ratio Decidendi

The Ecomax system stores waste and that component satisfies the designated development criteria for sewerage systems or works. However, the legislative changes made by the Environmental Planning and Assessment Amending Act 1997 and the Environmental Planning and Assessment Regulation 2000 did not displace the established characterisation test. Applying that test, the sewerage system use was subordinate to the dominant purpose of the proposal, namely housing and subdivision. The development application was therefore not one made in respect of designated development.

Court Disposition

Part of the proposal comprised designated development, but it was subordinate to the dominant housing and subdivision purpose; the development application was not one made in respect of designated development. Proceedings were remitted to the Registrar, exhibits were to be returned except Exhibit 2, and costs were...

Orders

  • ['These proceedings be remitted to the Registrar and listed for call over on the 18th day of December 2002.' 'The exhibits (with the exception of Exhibit 2) be returned.' 'Costs be reserved.']