Naklicki v Baulkham Hills Shire Council [2004] NSWLEC 1

Naklicki v Baulkham Hills Shire Council [2004] NSWLEC 1

The application failed due to lack of sufficient information for assessment, unacceptable environmental impacts particularly to the watercourse and gully, and the likely adverse impact on amenity due to excessive truck movements. Consent could not be contemplated without general terms of approval under the RFI Act if required.

Parties
Applicant: Peter Naklicki; Respondent: Baulkham Hills Shire Council
Jurisdiction
Australia
Judgment Date
08 January 2004
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 / Judgment
Outcome
Appeal dismissed
Legal Topics
Development Application, Environmental Impact, Amenity, Land Use Planning, Integrated Development, Local Environmental Plan
Environmental Law Planning Law Development Application Environmental Impact Amenity Land Use Planning Integrated Development Local Environmental Plan

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Parties

Peter Naklicki

Applicant

Baulkham Hills Shire Council

Respondent

Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 / Judgment

Legal Issues

  1. 1 Whether sufficient information was submitted in support of the development application as required by relevant law
  2. 2 Whether the proposal would have unacceptable environmental impacts, especially on the watercourse and gully
  3. 3 Whether the proposal would adversely impact the amenity of adjoining property owners due to truck movements

Ratio Decidendi

The application failed due to lack of sufficient information for assessment, unacceptable environmental impacts particularly to the watercourse and gully, and the likely adverse impact on amenity due to excessive truck movements. Consent could not be contemplated without general terms of approval under the RFI Act if required.

Court Disposition

Appeal dismissed

Orders

  • The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is dismissed.
  • Integrated development application No 403/2004/HA to fill and landscape the land is refused consent.