DEXUS Funds Management Limited v Blacktown City Council (No 3) [2011] NSWLEC 230

Land and Environment Court New South Wales

Medium Neutral Citation: DEXUS Funds Management Limited v Blacktown City Council (No 3) [2011] NSWLEC 230 Hearing dates: 28 November 2011 Decision date: 30 November 2011 Jurisdiction: Class 4 Before: Pain J Decision: The Court: 1. Declares that the determination of Development Application DA 08-638 made by the First Respondent on 16 February 2011 to give approval for a shopping centre at Jersey Road, Plumpton is void and of no effect. 2. Orders that the Second Respondent, its servants and agents, be restrained from taking any action or carrying out any works in pursuance of or in reliance on the purported determination referred to in paragraph 1 above. 3. Reserves the question of costs. Catchwords: JUDICIAL REVIEW - whether declaration of invalidity of development consent ought be made where both respondents have filed submitting appearances - evidence establishing failure to consider limit of benefits of a right of way which did not extend to benefit all land the subject of development consent - evidence establishing failure to consider traffic impacts - evidence establishing failure to consider contamination issues as required by SEPP 65 -granted - declaration of invalidity of development consent made Legislation Cited: Environmental Planning and Assessment Act 1979 s 79(1) Land and Environment Court Act 1979 s 22 State Environmental Planning Policy No 55 - Remediation of Land cl 2, cl 7 Uniform Civil Procedure Rules 2005 r 6.11 Cases Cited: Australians for Sustainable Development Inc v Minister for Planning [2011] NSWLEC 33; (2011) 182 LGERA 370 Bankstown City Council v Sfinarolakis [2011] NSWLEC 179 Cameron v Nambucca Shire Council (1997) 95 LGERA 268 Centro Properties v Hurstville City Council [2004] NSWLEC 401; (2004) 135 LGERA 257 Develtor Property Group Pty Ltd v Newcastle City Council [2001] NSWLEC 47 Harris v Flower (1904) 74 LJ Ch 127 Hoxton Park Residents Action Group Inc v Liverpool City Council [2011] NSWCA 349 Huntington & Macgillivray v Hurstville City Council (No 2) [2005] NSWLEC 155; (2005) 139 LGERA 84 Remath Investments No 6 Pty Ltd v Botany Bay Council (No 2) (11 December 1996, unreported) Weal v Bathurst City Council [2000] NSWCA 88; (2000) 111 LGERA 181 Westfield Management Ltd v Perpetual Trustee Co Ltd [2007] HCA 45; (2007) 233 CLR 528 Texts Cited: ABC of Evidence, LexisNexis Australia Category: Principal judgment Parties: DEXUS Funds Management Limited (Applicant) Blacktown City Council (First Respondent) Plumpton Park Developments Pty Ltd (Second Respondent) Representation: Mr N Hemmings QC (solicitor) (Applicant) Allens Arthur Robinson (Applicant) Lindsay Taylor Lawyers (submitting appearance) (First Respondent) Eakin McCaffery Cox Solicitors (submitting appearance) (Second Respondent) File Number(s): 40430 of 2011