Ryan v Northern Regional Planning Panel (No 8) [2022] NSWLEC 110

Ryan v Northern Regional Planning Panel (No 8) [2022] NSWLEC 110

The Court had power under s 9.46(2)(c) to order reinstatement only so far as practicable of land altered by works carried out under the invalid development consent, and not to make broader site-management or enhancement orders. The agreed ecological evidence supported vegetation management works for the areas identified in Figure 2 of the joint expert report, including planting, hydromulching, thorny pea replacement and nest boxes, but did not support the Applicant's broader vegetation, topsoil or additional nest box orders. The evidence did not justify reinstating the former haul road as a 4WD track, but did justify orders for stabilisation of the south-west bank because the haul road...

Jurisdiction
Australia
Judgment Date
31 August 2022
Procedural Posture
Class 4 Civil Enforcement Proceedings / Consequential Orders Following Declaration of Invalidity of Development Consent
Outcome
Consequential orders to be made in part: vegetation management works and south-west bank stabilisation were to be ordered; reinstatement of the former haul road as a 4WD track, broader ecological enhancement orders, topsoil orders, and Aboriginal heritage access orders were refused.
Legal Topics
['consequential Orders' 'invalid Development Consent' 'species Impact Statement' 'site Remediation' 'vegetation Management' 'erosion and Sediment Control' 'reinstatement of Altered Land']
['environmental Planning and Assessment' 'land and Environment' 'civil Enforcement' 'procedure'] ['consequential Orders' 'invalid Development Consent' 'species Impact Statement' 'site Remediation' 'vegetation Management' 'erosion and Sediment Control' 'reinstatement of Altered Land']

Case Brief

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Procedural Posture

Class 4 Civil Enforcement Proceedings / Consequential Orders Following Declaration of Invalidity of Development Consent

Legal Issues

  1. 1 ['Whether consequential orders should be made under s 9.46 of the Environmental Planning and Assessment Act 1979 (NSW) following the declaration that development consent 2017/270 was invalid.' 'Whether vegetation management works should be ordered for the borrow pit and former haul road areas, and the appropriate scope of those works.' 'Whether engineering works should be ordered to reinstate the former haul road as a 4WD track or otherwise stabilise the south-west bank.' 'Whether orders should be made allowing the Applicant and a trained sites officer access to inspect for Aboriginal cultural heritage material.']

Ratio Decidendi

The Court had power under s 9.46(2)(c) to order reinstatement only so far as practicable of land altered by works carried out under the invalid development consent, and not to make broader site-management or enhancement orders. The agreed ecological evidence supported vegetation management works for the areas identified in Figure 2 of the joint expert report, including planting, hydromulching, thorny pea replacement and nest boxes, but did not support the Applicant's broader vegetation, topsoil or additional nest box orders. The evidence did not justify reinstating the former haul road as a 4WD track, but did justify orders for stabilisation of the south-west bank because the haul road...

Court Disposition

Consequential orders to be made in part: vegetation management works and south-west bank stabilisation were to be ordered; reinstatement of the former haul road as a 4WD track, broader ecological enhancement orders, topsoil orders, and Aboriginal heritage access orders were refused.

Orders

  • ["Draft orders for vegetation management were to be based on Winten's proposed orders, with possible timing variations in relation to engineering work on the former haul road area." "Orders for stabilisation of the south-west bank or south-west batter were to be made, based on Winten's draft stabilisation orders...