Plumb v Penrith City Council and Anor [2002] NSWLEC 223

Plumb v Penrith City Council and Anor [2002] NSWLEC 223

On the evidence, CPW occurs on the school site, but the development proposed is not likely to significantly affect CPW as a threatened ecological community when considering the regional distribution, conservation value, likelihood of habitat isolation, representation in protected areas (including prospective regional park), and the eight-part test. Therefore, a species impact statement and related procedures under s 78A(8)(b) were not required.

Parties
Applicant: Noel Plumb; First Respondent: Penrith City Council; Second Respondent: The Trustees of the Roman Catholic Church for the Diocese of Parramatta
Jurisdiction
Australia
Judgment Date
02 December 2002
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Development Applications, Threatened Ecological Communities, Species Impact Statements, Judicial Review, Significance Assessment Under Ep&a Act
Environmental Law Administrative Law Development Applications Threatened Ecological Communities Species Impact Statements Judicial Review Significance Assessment Under Ep&a Act

Case Brief

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Parties

Noel Plumb

Applicant

Penrith City Council

First Respondent

The Trustees of the Roman Catholic Church for the Diocese of Parramatta

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the development application was required to be accompanied by a species impact statement under s 78A(8)(b) of the Environmental Planning and Assessment Act 1979
  2. 2 Whether Cumberland Plain Woodland (CPW) is present on the school site
  3. 3 Whether the proposed development is likely to significantly affect CPW as a threatened ecological community

Ratio Decidendi

On the evidence, CPW occurs on the school site, but the development proposed is not likely to significantly affect CPW as a threatened ecological community when considering the regional distribution, conservation value, likelihood of habitat isolation, representation in protected areas (including prospective regional park), and the eight-part test. Therefore, a species impact statement and related procedures under s 78A(8)(b) were not required.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The question of costs is reserved.