Waldrip v Lake Macquarie City Council and Johnson Property Group Pty Ltd [2016] NSWLEC 1212

Waldrip v Lake Macquarie City Council and Johnson Property Group Pty Ltd [2016] NSWLEC 1212

The proposal in its current form would result in unacceptable impacts on the vegetation corridor and odour for adjoining residential land, thereby prejudicing future conservation and development objectives under the relevant Plans. However, the development is capable of approval if amended so that the WRF is located in a cleared area on the land, with setbacks enabling a suitable vegetation corridor and buffers, and conditions imposed to ensure ecological and odour management, as well as recycled water balance monitoring.

Parties
Applicant: Marvin Waldrip; First Respondent: Lake Macquarie City Council; Second Respondent: Johnson Property Group Pty Ltd
Jurisdiction
Australia
Judgment Date
31 May 2016
Procedural Posture
Class 1 Development Appeal / Post Hearing, Final Judgment With Directions for Amendment or Refusal
Outcome
Development application not approved in current form; amendments required for approval per judgment findings.
Legal Topics
Development Application, Water Recycling Facility, Environmental Impact, Vegetation Corridor, Odour Impacts, Zone Objectives
Planning and Environment Development Application Water Recycling Facility Environmental Impact Vegetation Corridor Odour Impacts Zone Objectives

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 4 Authorities cited 13 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Marvin Waldrip

Applicant

Lake Macquarie City Council

First Respondent

Johnson Property Group Pty Ltd

Second Respondent

Procedural Posture

Class 1 Development Appeal / Post Hearing, Final Judgment With Directions for Amendment or Refusal

Legal Issues

  1. 1 Whether the proposed water recycling facility (WRF) is consistent with applicable zone objectives under the Lake Macquarie Local Environmental Plans 2004 and 2014
  2. 2 Whether the proposal would have unacceptable impacts on odour for adjoining/residential land
  3. 3 Adequacy and impact of removal of vegetation corridors and threatened species

Ratio Decidendi

The proposal in its current form would result in unacceptable impacts on the vegetation corridor and odour for adjoining residential land, thereby prejudicing future conservation and development objectives under the relevant Plans. However, the development is capable of approval if amended so that the WRF is located in a cleared area on the land, with setbacks enabling a suitable vegetation corridor and buffers, and conditions imposed to ensure ecological and odour management, as well as recycled water balance monitoring.

Court Disposition

Development application not approved in current form; amendments required for approval per judgment findings.

Orders

  • Second Respondent to advise if it will amend the application per judgment by 7 June 2016.
  • If amended, parties to file agreed directions for amended plans and conditions by 14 June 2016.