Creed v Strathfield Council [2006] NSWLEC 497

Creed v Strathfield Council [2006] NSWLEC 497

The appeal was upheld because the Court-appointed experts concluded that the proposed development was acceptable, subject to minor amendments and conditions, the applicant incorporated the amendments and accepted the conditions, the council accepted the expert findings, and there was no remaining impediment to granting consent.

Jurisdiction
Australia
Judgment Date
15 August 2006
Procedural Posture
Development Application Appeal Against Refusal of Consent / Judgment After Hearing; Appeal Determined by Grant of Consent Subject to Conditions
Outcome
Appeal upheld; development consent granted subject to conditions in Annexure A.
Legal Topics
['multi Unit Housing Development' 'odour, Noise and Vibration Impacts' 'traffic and Parking' 'site Remediation' 'deep Soil Planting' 'tip Site Impacts']
['planning and Environment' 'development Consent' 'contaminated Land'] ['multi Unit Housing Development' 'odour, Noise and Vibration Impacts' 'traffic and Parking' 'site Remediation' 'deep Soil Planting' 'tip Site Impacts']

Case Brief

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Procedural Posture

Development Application Appeal Against Refusal of Consent / Judgment After Hearing; Appeal Determined by Grant of Consent Subject to Conditions

Legal Issues

  1. 1 ['Whether the proposed development would have an unacceptable visual impact, provide inadequate community facilities or have inadequate deep soil planting.' 'Whether the proposed development would unacceptably impact future residents by noise and vibration.' 'Whether the proposed development provided adequate parking, generated unacceptable increased traffic on local roads, and provided adequate internal access.' 'Whether the site had been adequately remediated for residential use.' 'Whether the adjoining tip site would unacceptably impact future residents by odours and noise.' 'Whether approval was in the public interest.']

Ratio Decidendi

The appeal was upheld because the Court-appointed experts concluded that the proposed development was acceptable, subject to minor amendments and conditions, the applicant incorporated the amendments and accepted the conditions, the council accepted the expert findings, and there was no remaining impediment to granting consent.

Court Disposition

Appeal upheld; development consent granted subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application No: 0304/419 by Strathfield Municipal Council (the council) for the construction of a multi-unit housing development at 78 Marlborough Road. Homebush West is determined by the grant of consent subject to the conditions in Annexure A.' 'The exhibits are returned...