Greenwood v Warringah Council [2013] NSWLEC 1119

Greenwood v Warringah Council [2013] NSWLEC 1119

The Court was not satisfied on the material before it that the proposed development was consistent with the Desired Future Character of the locality under WLEP 2000 cl12(3)(b). The lack of essential details regarding site management, remediation, environmental and acoustic impacts, stormwater, and operational plans precluded the Court from granting consent. The application was required to be determined under WLEP 2000, and not WLEP 2011, in accordance with the statutory savings provision and principles stated in Alamdo Holdings. The deficiencies in information meant that assessment of likely environmental impacts and site suitability could not be properly undertaken.

Jurisdiction
Australia
Judgment Date
18 June 2013
Procedural Posture
Development Application Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
['development Application' 'acoustic Impacts' 'environmental Impacts' 'deferred Commencement Conditions' 'planning Controls' 'local Environmental Plans']
['planning and Environment'] ['development Application' 'acoustic Impacts' 'environmental Impacts' 'deferred Commencement Conditions' 'planning Controls' 'local Environmental Plans']

Case Brief

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Procedural Posture

Development Application Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the proposal is consistent with the Desired Future Character under the Warringah Local Environmental Plan 2000' 'Whether there is adequate information to assess environmental and acoustic impacts' 'Appropriate planning instrument to apply to the development application']

Ratio Decidendi

The Court was not satisfied on the material before it that the proposed development was consistent with the Desired Future Character of the locality under WLEP 2000 cl12(3)(b). The lack of essential details regarding site management, remediation, environmental and acoustic impacts, stormwater, and operational plans precluded the Court from granting consent. The application was required to be determined under WLEP 2000, and not WLEP 2011, in accordance with the statutory savings provision and principles stated in Alamdo Holdings. The deficiencies in information meant that assessment of likely environmental impacts and site suitability could not be properly undertaken.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'The development application (DA2010/1822) for the shredding and stockpiling of green and wood materials on Crown land at 9994 Mona Vale Road, Belrose is refused consent.' 'The exhibits are returned.']