McIntyre and Ors v Pittwater Council [2000] NSWLEC 160

McIntyre and Ors v Pittwater Council [2000] NSWLEC 160

The Court refused development consent for the proposed medium density residential development in Sector C due to the site's unsuitability resulting from its proximity to the Warriewood Sewage Treatment Plant and the ensuing odour and compatibility issues, applying buffer zone policy and expert evidence on odour impact. The Court allowed the industrial subdivision in Sector D subject to payment of a Section 94 contribution for water management and creekline corridors but removed conditions for dedication of land or optional works as the applicant did not wish to pursue them.

Parties
Applicant: Richard John McIntyre and Ors; Respondent: Pittwater Council; Objector by Leave: Sydney Water Corporation
Jurisdiction
Australia
Judgment Date
21 July 2000
Procedural Posture
Development Application Appeal / Judgment After Hearing
Outcome
Development application refused for Sector C (residential); subdivision of Sector D approved subject to settling final conditions and Section 94 contribution as specified in the judgment.
Legal Topics
Development Application, Sewage Treatment Plant Buffer Zones, Section 94 Contributions, Land Dedication, Residential and Industrial Zoning
Planning Law Environmental Law Local Government Law Development Application Sewage Treatment Plant Buffer Zones Section 94 Contributions Land Dedication Residential and Industrial Zoning

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Parties

Richard John McIntyre and Ors

Applicant

Pittwater Council

Respondent

Sydney Water Corporation

Objector by Leave

Procedural Posture

Development Application Appeal / Judgment After Hearing

Legal Issues

  1. 1 Whether development consent should be refused for residential development within sewage treatment plant buffer zone due to odour and policy guidelines
  2. 2 Whether Section 94 contributions and dedication of land conditions imposed by the Council are reasonable in relation to the industrial subdivision

Ratio Decidendi

The Court refused development consent for the proposed medium density residential development in Sector C due to the site's unsuitability resulting from its proximity to the Warriewood Sewage Treatment Plant and the ensuing odour and compatibility issues, applying buffer zone policy and expert evidence on odour impact. The Court allowed the industrial subdivision in Sector D subject to payment of a Section 94 contribution for water management and creekline corridors but removed conditions for dedication of land or optional works as the applicant did not wish to pursue them.

Court Disposition

Development application refused for Sector C (residential); subdivision of Sector D approved subject to settling final conditions and Section 94 contribution as specified in the judgment.

Orders

  • Application refused for residential development in Sector C.
  • Subdivision of Sector D approved subject to payment of $895,740 as a Section 94 contribution for water management and creekline corridors prior to commencement of works.