Stanwill Consulting Engineers Pty Ltd v Lake Macquarie City Council [2005] NSWLEC 309

Stanwill Consulting Engineers Pty Ltd v Lake Macquarie City Council [2005] NSWLEC 309

The proposed drainage and filling would most likely extinguish the existing Wallum Froglet population of about 20 on the site. Given the evidence on viability and the need for a cautionary approach, the 8 Part Test indicated a significant adverse effect on the threatened species population. A Species Impact Statement was therefore required, and in its absence the development application should be refused.

Jurisdiction
Australia
Judgment Date
10 June 2005
Procedural Posture
Development Application Appeal / Appeal Against Council's Refusal of a Development Application
Outcome
Appeal dismissed and development consent refused.
Legal Topics
['development Consent' 'land Filling and Drainage Works' 'wetland Habitat' 'wallum Froglet' 'species Impact Statement' 'section 5 a Assessment']
['environmental Law' 'planning Law' 'threatened Species Conservation'] ['development Consent' 'land Filling and Drainage Works' 'wetland Habitat' 'wallum Froglet' 'species Impact Statement' 'section 5 a Assessment']

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Procedural Posture

Development Application Appeal / Appeal Against Council's Refusal of a Development Application

Legal Issues

  1. 1 ['Whether the proposed drainage and filling would have a significant adverse effect on the threatened species of Wallum Froglet, its population and/or its habitat such that consent should be refused.' 'Whether the local Wallum Froglet population was viable and whether a Species Impact Statement was required.']

Ratio Decidendi

The proposed drainage and filling would most likely extinguish the existing Wallum Froglet population of about 20 on the site. Given the evidence on viability and the need for a cautionary approach, the 8 Part Test indicated a significant adverse effect on the threatened species population. A Species Impact Statement was therefore required, and in its absence the development application should be refused.

Court Disposition

Appeal dismissed and development consent refused.

Orders

  • ['The appeal is dismissed.' 'Development consent to DA04/3810 for the drainage and filling of the depression at 119 Bullsgardens Road, Whitebridge, is refused.' 'The exhibits may be returned except for Exhibits 2, 5, 7, 9, C, and E.']