Stockland Developments v Wollongong Council and others [2004] NSWLEC 470

Stockland Developments v Wollongong Council and others [2004] NSWLEC 470

The development should be approved because the expert acoustic evidence and amended proposal supported treating noise at the Cookson site, intrusive noise criteria should exclude the Cookson plant from background noise and include intermittent noise criteria, deferred commencement conditions would impose unnecessary hardship, retrospective conditions on the 2002 consent would be an error of law, and the proposal as conditioned was consistent with the relevant low density residential zone objectives.

Jurisdiction
Australia
Judgment Date
27 August 2004
Procedural Posture
Appeal Against Refusal of Development Application D1485/03 / Final Judgment and Orders
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['resubdivision' 'integrated Housing Development' 'community Title Subdivision' 'industrial Noise Attenuation' 'development Consent Conditions' 'deferred Commencement Consent' 'zone Objectives' 'aboriginal Heritage Evidence']
['environmental and Planning Law' 'land Use and Development Consent'] ['resubdivision' 'integrated Housing Development' 'community Title Subdivision' 'industrial Noise Attenuation' 'development Consent Conditions' 'deferred Commencement Consent' 'zone Objectives' 'aboriginal Heritage Evidence']

Case Brief

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Procedural Posture

Appeal Against Refusal of Development Application D1485/03 / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether industrial noise from the adjoining Cookson site should be mitigated at the source or at the residential receptor.' 'Whether intrusive noise goals should be included within the noise criteria and what goals were appropriate.' 'Whether consent conditions dealing with noise mitigation should be deferred commencement conditions.' 'Whether acoustic conditions imposed on this consent should also apply retrospectively to the 2002 consent for The Point residential subdivision.' 'Whether the proposed development, with acoustic conditions, was consistent with the objectives of Zone No. 2(a)-(Low density Residential Zone).']

Ratio Decidendi

The development should be approved because the expert acoustic evidence and amended proposal supported treating noise at the Cookson site, intrusive noise criteria should exclude the Cookson plant from background noise and include intermittent noise criteria, deferred commencement conditions would impose unnecessary hardship, retrospective conditions on the 2002 consent would be an error of law, and the proposal as conditioned was consistent with the relevant low density residential zone objectives.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application D1485/03 for the resubdivision of lots 510, 511, 512, 513, 521 and 522 in the subdivision of Lot 236 in DP 104862 Aragan Circuit and Tramway Court, Bulli for an integrated housing development comprising 18 dwellings and 19 community title lots is approved subject to...