Plumpton Park Developments Pty Ltd v Blacktown City Council and DEXUS Funds Management Limited [2013] NSWLEC 1186

Plumpton Park Developments Pty Ltd v Blacktown City Council and DEXUS Funds Management Limited [2013] NSWLEC 1186

The appeal was dismissed because, although the Court was not persuaded that the proposed development would cause unacceptable traffic impacts at the Hyatts Road access, the evidence did not establish that 612 on-site parking spaces would adequately meet peak parking demand. The development was separately owned and managed from Plumpton Marketplace and should be considered in isolation for parking purposes; reliance on overflow or common use of the adjoining centre's car park was not justified. The likely shortfall in on-site parking could detrimentally affect the Plumpton Marketplace car park, so the proposal should not be approved in its current form.

Jurisdiction
Australia
Judgment Date
04 October 2013
Procedural Posture
Class 1 Appeal Under S 97 of the Environmental Planning & Assessment Act 1979 Against Refusal of Development Application DA 08 638 / Principal Judgment After Hearing; S 34 Conciliation Was Terminated and the Matter Proceeded to Hearing Under S 34(4) of the Land and Environment Court Act 1979
Outcome
Appeal dismissed; Development Application DA 08/638 determined by refusal.
Legal Topics
['shopping Centre Development' 'adequacy of on Site Car Parking' 'traffic Modelling and Queue Impacts' "right of Way Works and Owner's Consent" 'cumberland Plain Woodland' 'development Control Plan Parking Rates' 'draft Local Environmental Plan Height Control']
['planning and Environment Law' 'development Applications' 'traffic and Parking Impacts' 'land Access and Rights of Way' 'ecological Assessment'] ['shopping Centre Development' 'adequacy of on Site Car Parking' 'traffic Modelling and Queue Impacts' "right of Way Works and Owner's Consent" 'cumberland Plain Woodland' 'development Control Plan Parking Rates' 'draft Local Environmental Plan Height Control']

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Procedural Posture

Class 1 Appeal Under S 97 of the Environmental Planning & Assessment Act 1979 Against Refusal of Development Application DA 08 638 / Principal Judgment After Hearing; S 34 Conciliation Was Terminated and the Matter Proceeded to Hearing Under S 34(4) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the proposed development would have unacceptable traffic impacts on the right of way and the operation of the Plumpton Marketplace car park, particularly at the Hyatts Road access.' 'Whether the proposed 612 parking spaces were sufficient having regard to Blacktown Development Control Plan 2006 and the RTA Guide to Traffic Generating Developments.' 'Whether reliance on use of the adjoining Plumpton Marketplace car park was appropriate for a separately owned and managed shopping centre development.' "Whether works proposed on the Jersey Road right of way could be approved without owner's consent." 'Whether ecological issues, including the need for a Species Impact Statement, and draft Blacktown Local Environmental Plan 2013 matters had been satisfactorily addressed.']

Ratio Decidendi

The appeal was dismissed because, although the Court was not persuaded that the proposed development would cause unacceptable traffic impacts at the Hyatts Road access, the evidence did not establish that 612 on-site parking spaces would adequately meet peak parking demand. The development was separately owned and managed from Plumpton Marketplace and should be considered in isolation for parking purposes; reliance on overflow or common use of the adjoining centre's car park was not justified. The likely shortfall in on-site parking could detrimentally affect the Plumpton Marketplace car park, so the proposal should not be approved in its current form.

Court Disposition

Appeal dismissed; Development Application DA 08/638 determined by refusal.

Orders

  • ['The appeal is dismissed.' 'Development application DA 08/638 for a shopping centre and associated car parking, signage and landscaping on Lot 201, DP 1181255, Jersey Road, Plumpton is determined by refusal.' 'All exhibits except K, B1 and D1 are returned.']