Nirimba Developments v Blacktown CC & Anor [2006] NSWLEC 739

Nirimba Developments v Blacktown CC & Anor [2006] NSWLEC 739

The proposed development's use of the right of carriageway is within the terms of the easement, and traffic and pedestrian impacts can be satisfactorily managed with agreed conditions, including plans of management, speed signs, and a pedestrian crossing. The council's concerns have been resolved and it supports granting conditional consent. Statutory requirements for service provision can be met by way of conditions precedent to construction. No issues raised by the second respondent warrant refusal of the application.

Jurisdiction
Australia
Judgment Date
25 October 2006
Procedural Posture
Development Application Appeal / Judgment (ex Tempore)
Outcome
Appeal upheld. Development Application No. 053381 granted conditional development consent.
Legal Topics
['development Applications' 'right of Carriageway' 'traffic and Pedestrian Management' 'car Parking' 'environmental Impact' 'local Environmental Plan' 'development Control Plan']
['planning and Environment Law'] ['development Applications' 'right of Carriageway' 'traffic and Pedestrian Management' 'car Parking' 'environmental Impact' 'local Environmental Plan' 'development Control Plan']

Case Brief

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Procedural Posture

Development Application Appeal / Judgment (ex Tempore)

Legal Issues

  1. 1 ["Whether the proposed use of the right of carriageway over the second respondent's land is commensurate with what is allowable under the right of carriageway." "Whether the current width of the right of carriageway over the second respondent's land is sufficient to service the increased traffic flow that would arise from the proposed development." 'Whether the increased traffic flow traversing the right of carriageway arising from the proposed development will detrimentally impact the operations of the Quakers Inn Tavern including vehicular and pedestrian movement and the general amenity of patrons and staff.' 'Whether the increased traffic flow traversing the right of carriageway arising from the proposed development will pose a hazard to the patrons and staff of the Quakers Inn Tavern.' 'Whether the traffic impacts on the Quakers Inn Tavern would be contrary to specific aims and visions of Blacktown City Council as set out in development control plans.' 'Whether plans of management can be utilised to manage construction and traffic, including pedestrian activities and construction traffic.' 'Whether the site is to be provided with services utilising the right of carriageway.' 'Effect of the use of the right of carriageway for the development on the value and profitability of the hotel.' 'Whether the court can approve the application in light of servicing requirements under cl 24 of the LEP.']

Ratio Decidendi

The proposed development's use of the right of carriageway is within the terms of the easement, and traffic and pedestrian impacts can be satisfactorily managed with agreed conditions, including plans of management, speed signs, and a pedestrian crossing. The council's concerns have been resolved and it supports granting conditional consent. Statutory requirements for service provision can be met by way of conditions precedent to construction. No issues raised by the second respondent warrant refusal of the application.

Court Disposition

Appeal upheld. Development Application No. 053381 granted conditional development consent.

Orders

  • ['The appeal is upheld.' 'Development Application No. 053381 for the construction of 236 dwellings in two five-level residential flat buildings above two levels of basement car parking together with the conservation and landscaping of urban bushland on land known as 9 Nirimba Drive, Quakers Hill is determined by the...