Urbis Pty Ltd v Dubbo City Council [2012] NSWLEC 1069

Urbis Pty Ltd v Dubbo City Council [2012] NSWLEC 1069

The Court accepted the unchallenged town planning evidence that Centrelink customers were likely to be everyday normal people, that the design and location of the proposed office reduced opportunities for congregation, that interaction with Dubbo Public School students would be low, and that the evidence did not establish systemic or recurring unacceptable behaviour associated with Centrelink customers. Accordingly, the council's requirements for regular security patrols and broader security measures were not justified, while a security plan of management remained appropriate and council should have an approval role subject to not unreasonably or unjustly delaying approval.

Jurisdiction
Australia
Judgment Date
21 March 2012
Procedural Posture
Class 1 Appeal Concerning an Application to Modify Conditions of Development Consent / Appeal Against Refusal by Dubbo City Council of an Application to Modify Conditions of Consent Granted With Approval of Development Application 2010 526
Outcome
The appeal was upheld in part and the modification application was approved subject to the conditions in Annexure A.
Legal Topics
['modification of Development Consent Conditions' 'security Measures for Public Administration Premises' 'security Management Plan' 'council Approval of Plan of Management']
['planning and Environment Law'] ['modification of Development Consent Conditions' 'security Measures for Public Administration Premises' 'security Management Plan' 'council Approval of Plan of Management']

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Procedural Posture

Class 1 Appeal Concerning an Application to Modify Conditions of Development Consent / Appeal Against Refusal by Dubbo City Council of an Application to Modify Conditions of Consent Granted With Approval of Development Application 2010 526

Legal Issues

  1. 1 ['Whether security measures should be put in place to control activities from the Centrelink office, including regular security patrols and a security officer during business hours.' 'Whether the security plan of management should be approved by the council.']

Ratio Decidendi

The Court accepted the unchallenged town planning evidence that Centrelink customers were likely to be everyday normal people, that the design and location of the proposed office reduced opportunities for congregation, that interaction with Dubbo Public School students would be low, and that the evidence did not establish systemic or recurring unacceptable behaviour associated with Centrelink customers. Accordingly, the council's requirements for regular security patrols and broader security measures were not justified, while a security plan of management remained appropriate and council should have an approval role subject to not unreasonably or unjustly delaying approval.

Court Disposition

The appeal was upheld in part and the modification application was approved subject to the conditions in Annexure A.

Orders

  • ['The appeal is upheld, in part.' 'The application to modify conditions of consent granted with the approval of Development Application 2010-526 for the use of a building for a public administration purposes (Centrelink and Medicare) at 64 Wingewarra Street, Dubbo is approved and the use is subject to the conditions...