PRJM Pty Ltd v Hawkesbury City Council [2020] NSWLEC 1187

PRJM Pty Ltd v Hawkesbury City Council [2020] NSWLEC 1187

The appeal was dismissed because, although necessary community facilities and services were available and reasonably accessible and the SEPP55 contamination requirements were satisfied, the Subject Site was not particularly suitable for a long-term caravan park by reason of either location or character under cl 10(a) of SEPP21; the proposal did not protect, retain or enhance the character of traditional residential development and streetscapes required by the R2 zone objectives; the proposal failed to satisfy cl 6.4(4) of HLEP because it would remove 30 high landscape value trees including 10 habitat trees and was not designed, sited or managed to avoid, minimise or adequately mitigate...

Jurisdiction
Australia
Judgment Date
22 April 2020
Procedural Posture
Class 1 Development Application Appeal / Appeal Against Refusal of Development Application; Final Judgment and Orders
Outcome
Appeal dismissed; development application refused.
Legal Topics
['caravan Park Development' 'compatibility With R2 Low Density Residential Zone Objectives' 'particular Suitability for Caravan Park Use' 'accessibility of Community Facilities and Services' 'terrestrial Biodiversity and High Landscape Value Trees' 'road Access and Carriageway Shoulders' 'preliminary Contamination Investigation']
['planning and Environment' 'development Applications' 'land Use and Zoning' 'contaminated Land' 'local Government'] ['caravan Park Development' 'compatibility With R2 Low Density Residential Zone Objectives' 'particular Suitability for Caravan Park Use' 'accessibility of Community Facilities and Services' 'terrestrial Biodiversity and High Landscape Value Trees' 'road Access and Carriageway Shoulders' 'preliminary Contamination Investigation']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Appeal Against Refusal of Development Application; Final Judgment and Orders

Legal Issues

  1. 1 ['Whether the Subject Site was particularly suitable, because of its location or character, for use as a caravan park for long-term residences under cl 10(a) of State Environmental Planning Policy No 21—Caravan Parks.' 'Whether the Proposed Development protected, retained and enhanced the character of traditional residential development and streetscapes under the R2 Low Density Residential zone objectives in Hawkesbury Local Environment Plan 2012.' 'Whether necessary community facilities and services were available and reasonably accessible to future occupants under cl 10(d) of State Environmental Planning Policy No 21—Caravan Parks.' 'Whether the impacts of the Proposed Development on high landscape value trees and habitat trees satisfied cl 6.4 of Hawkesbury Local Environment Plan 2012.' 'Whether access via Wattle Crescent, including unformed road shoulders, was acceptable for the Proposed Development.' "Whether the Applicant's investigation of possible contamination satisfied cl 7 of State Environmental Planning Policy No 55—Remediation of Land." 'Whether approval of the Proposed Development was in the public interest.']

Ratio Decidendi

The appeal was dismissed because, although necessary community facilities and services were available and reasonably accessible and the SEPP55 contamination requirements were satisfied, the Subject Site was not particularly suitable for a long-term caravan park by reason of either location or character under cl 10(a) of SEPP21; the proposal did not protect, retain or enhance the character of traditional residential development and streetscapes required by the R2 zone objectives; the proposal failed to satisfy cl 6.4(4) of HLEP because it would remove 30 high landscape value trees including 10 habitat trees and was not designed, sited or managed to avoid, minimise or adequately mitigate...

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'Development application DA0560/19, for demolition of existing structures, and construction of a 98 site caravan park at 66 Wattle Crescent, Glossodia, is determined by the refusal.' 'The exhibits are returned, except Exhibits A, D and 2.']