Vigor Master Pty Ltd v Warringah Council [2004] NSWLEC 162

Vigor Master Pty Ltd v Warringah Council [2004] NSWLEC 162

The proposal is likely to have a significant effect on threatened species—specifically, a local significant population of tetratheca glandulosa and its habitat—and the eight-part test was not properly satisfied in relation to the Southern Brown Bandicoot. Therefore, a Species Impact Statement is required under s 78A(8)(b) of the Environmental Planning & Assessment Act 1979, and the absence of such a statement causes the appeal to fail. The proposal is also inconsistent with the desired future character for Locality B2 Oxford Falls Valley, and other planning controls. As a result, the appeal is dismissed and development consent is refused.

Jurisdiction
Australia
Judgment Date
21 June 2004
Procedural Posture
Class 1 Appeal / Judgment
Outcome
Appeal dismissed; development consent refused.
Legal Topics
['development Application' 'threatened Species' 'species Impact Statement' 'bushfire Protection' 'visual Impact' 'land Use Planning']
['environmental Law' 'planning Law'] ['development Application' 'threatened Species' 'species Impact Statement' 'bushfire Protection' 'visual Impact' 'land Use Planning']

Case Brief

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Procedural Posture

Class 1 Appeal / Judgment

Legal Issues

  1. 1 ['Whether the site is suitable for the proposed development given housing density standards, access, environmental impacts including bushfire measures and flora and fauna impacts' 'Whether consent should be granted in the absence of sufficient information as to access, environmental and engineering matters' 'Whether a Species Impact Statement is required under s 78A(8)(b) of the Environmental Planning & Assessment Act 1979' 'Whether the proposal will have an unacceptable impact on threatened species (tetratheca glandulosa, Southern Brown Bandicoot, Red Crowned Toadlet) and their habitats' 'Whether the proposal is inconsistent with the desired future character for Locality B2 Oxford Falls Valley under Warringah LEP 2000' 'Whether the proposal is inconsistent with principles of development control regarding flora, bulk, sloping land, watercourses, traffic access, stormwater, and construction impact']

Ratio Decidendi

The proposal is likely to have a significant effect on threatened species—specifically, a local significant population of tetratheca glandulosa and its habitat—and the eight-part test was not properly satisfied in relation to the Southern Brown Bandicoot. Therefore, a Species Impact Statement is required under s 78A(8)(b) of the Environmental Planning & Assessment Act 1979, and the absence of such a statement causes the appeal to fail. The proposal is also inconsistent with the desired future character for Locality B2 Oxford Falls Valley, and other planning controls. As a result, the appeal is dismissed and development consent is refused.

Court Disposition

Appeal dismissed; development consent refused.

Orders

  • ['The appeal is dismissed.' 'The exhibits are returned to the parties except specified exhibits.']