Quakers Hill SPV Pty Limited v Blacktown City Council and Sertari Pty Ltd [2013] NSWLEC 1133

Quakers Hill SPV Pty Limited v Blacktown City Council and Sertari Pty Ltd [2013] NSWLEC 1133

The Court was satisfied that Exhibit F, the shared zone Pedestrian Management Plan, met the requirements of deferred commencement condition 3 because the consent did not mandate any particular pedestrian route from the earlier judgment, later RMS approval did not preclude the Court from forming the required state of satisfaction, and the expert evidence accepted by the Court established that the plan would provide a safe pedestrian path of movement and safe pedestrian access with appropriate traffic calming and low speed environment measures.

Jurisdiction
Australia
Judgment Date
23 July 2013
Procedural Posture
Class 1 Appeal Under S 97(3) of the Environmental Planning and Assessment Act 1979 Concerning Deemed Non Satisfaction of Deferred Commencement Condition Part a Condition 3 of Development Consent 062533 / Principal Judgment
Outcome
Appeal upheld; application seeking the Respondent's satisfaction of deferred commencement condition Part A condition 3 of development consent 062533 approved.
Legal Topics
['deferred Commencement Condition' 'pedestrian Management Plan' 'right of Carriageway' 'shared Zone' 'pedestrian Safety' 'roads and Maritime Services Approval']
['environmental Planning and Assessment' 'land and Environment' 'administrative Law'] ['deferred Commencement Condition' 'pedestrian Management Plan' 'right of Carriageway' 'shared Zone' 'pedestrian Safety' 'roads and Maritime Services Approval']

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Procedural Posture

Class 1 Appeal Under S 97(3) of the Environmental Planning and Assessment Act 1979 Concerning Deemed Non Satisfaction of Deferred Commencement Condition Part a Condition 3 of Development Consent 062533 / Principal Judgment

Legal Issues

  1. 1 ['Whether the Court had jurisdiction to approve a Pedestrian Management Plan that differed from matters discussed in the earlier Murrell judgment.' 'Whether the need for later Roads and Maritime Services approval for a shared zone prevented the Court from approving the Pedestrian Management Plan for the purposes of the deferred commencement condition.' 'Whether the proposed shared zone Pedestrian Management Plan provided a safe pedestrian path of movement and safe pedestrian access as required by deferred commencement condition 3.']

Ratio Decidendi

The Court was satisfied that Exhibit F, the shared zone Pedestrian Management Plan, met the requirements of deferred commencement condition 3 because the consent did not mandate any particular pedestrian route from the earlier judgment, later RMS approval did not preclude the Court from forming the required state of satisfaction, and the expert evidence accepted by the Court established that the plan would provide a safe pedestrian path of movement and safe pedestrian access with appropriate traffic calming and low speed environment measures.

Court Disposition

Appeal upheld; application seeking the Respondent's satisfaction of deferred commencement condition Part A condition 3 of development consent 062533 approved.

Orders

  • ['The appeal is upheld.' "That the application seeking the Respondent's satisfaction of deferred commencement condition Part A condition 3 of development consent 062533 be approved." 'The Exhibits are to be returned to the parties except Exhibits 1, C, and F.']