Pittking Properties Pty Ltd v Waverley Council [2020] NSWLEC 21

Pittking Properties Pty Ltd v Waverley Council [2020] NSWLEC 21

The summons was dismissed because the General Manager's approval process satisfied s 5.5(1), properly construed as requiring consideration to the fullest extent reasonably possible; the material before the Court did not establish that the cycleway project was likely to significantly affect the environment so as to require an environmental impact statement under s 5.7(1); and the approved route was not uncertain because the cycleway could proceed past the Waverley Bus Depot by one of the identified land transfer or acquisition mechanisms. The Applicant's remaining complaints were either merits objections to the selected route, misplaced, or minor conventional planning issues addressed by...

Jurisdiction
Australia
Judgment Date
20 March 2020
Procedural Posture
Class 4 Judicial Review Proceedings / Principal Judgment on Summons Challenging the Validity of the Council General Manager's Approval of a Cycleway Project
Outcome
The summons was dismissed; the Applicant was ordered to pay the Respondent's costs as agreed or assessed; and the exhibits were returned.
Legal Topics
['part 5 Environmental Impact Assessment' 'duty to Consider Environmental Impact' 'environmental Impact Statement' 'jurisdictional Fact' 'traffic and Traffic Safety Impacts' 'uncertainty of Approved Activity' 'costs Following the Event']
['environmental Planning Law' 'administrative Law' 'judicial Review' 'costs'] ['part 5 Environmental Impact Assessment' 'duty to Consider Environmental Impact' 'environmental Impact Statement' 'jurisdictional Fact' 'traffic and Traffic Safety Impacts' 'uncertainty of Approved Activity' 'costs Following the Event']

Case Brief

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Procedural Posture

Class 4 Judicial Review Proceedings / Principal Judgment on Summons Challenging the Validity of the Council General Manager's Approval of a Cycleway Project

Legal Issues

  1. 1 ['Whether the Council breached s 5.5(1) of the Environmental Planning and Assessment Act 1979 by failing to examine and take into account to the fullest extent possible all matters affecting or likely to affect the environment by reason of the cycleway project.' 'Whether an environmental impact statement was required under s 5.7(1) of the Environmental Planning and Assessment Act 1979 because the cycleway project was likely to significantly affect the environment.' 'Whether the approved activity was uncertain because the route of the cycleway past the Waverley Bus Depot had not been finally determined.' 'Whether costs should follow the event.']

Ratio Decidendi

The summons was dismissed because the General Manager's approval process satisfied s 5.5(1), properly construed as requiring consideration to the fullest extent reasonably possible; the material before the Court did not establish that the cycleway project was likely to significantly affect the environment so as to require an environmental impact statement under s 5.7(1); and the approved route was not uncertain because the cycleway could proceed past the Waverley Bus Depot by one of the identified land transfer or acquisition mechanisms. The Applicant's remaining complaints were either merits objections to the selected route, misplaced, or minor conventional planning issues addressed by...

Court Disposition

The summons was dismissed; the Applicant was ordered to pay the Respondent's costs as agreed or assessed; and the exhibits were returned.

Orders

  • ['The Summons is dismissed;' "The Applicant is to pay the Respondent's costs as agreed or assessed;" 'The exhibits are returned.']