Stockland and Anor v Manly Council [2009] NSWLEC 1145

Stockland and Anor v Manly Council [2009] NSWLEC 1145

It is not fair and reasonable to impose conditions banning plastic bags and non-recyclable/biodegradable containers at a single supermarket and retail centre, given lack of statutory requirement, council policy weight, competitive disadvantage, and adequacy of voluntary management measures. Shared parking is appropriate for the club, subject to positive covenant and validation system. Stratum and strata procedures followed satisfy legal requirements, and subdivision applications can be concurrently assessed, but stratum must be approved first.

Jurisdiction
Australia
Judgment Date
15 May 2009
Procedural Posture
Multiple Appeals Under Planning and Development Legislation / Final Judgment
Outcome
Appeals largely upheld with modification of conditions; some appeals discontinued or determined by consent.
Legal Topics
['development Consent' 'modification of Consent Conditions' 'plastic Bag Ban' 'waste Management' 'parking Allocation' 'stratum and Strata Subdivisions']
['planning and Environmental Law'] ['development Consent' 'modification of Consent Conditions' 'plastic Bag Ban' 'waste Management' 'parking Allocation' 'stratum and Strata Subdivisions']

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Procedural Posture

Multiple Appeals Under Planning and Development Legislation / Final Judgment

Legal Issues

  1. 1 ['Whether conditions prohibiting use of plastic bags and non-recyclable/biodegradable food/drink containers should be imposed in development consents' 'Adequacy of parking allocation and management for a licensed club in mixed use development' 'Fairness and timing for introduction of recyclable packaging requirements' 'Procedural aspects of stratum and strata subdivision applications']

Ratio Decidendi

It is not fair and reasonable to impose conditions banning plastic bags and non-recyclable/biodegradable containers at a single supermarket and retail centre, given lack of statutory requirement, council policy weight, competitive disadvantage, and adequacy of voluntary management measures. Shared parking is appropriate for the club, subject to positive covenant and validation system. Stratum and strata procedures followed satisfy legal requirements, and subdivision applications can be concurrently assessed, but stratum must be approved first.

Court Disposition

Appeals largely upheld with modification of conditions; some appeals discontinued or determined by consent.

Orders

  • ["Conditions relating to prohibition of plastic bags and non-recyclable/biodegradable packaging deleted and replaced with applicant's alternate conditions for phased introduction and use of voluntary Plan of Management." 'Shared parking for club confirmed, with validation system; dedicated spaces not required.'...