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

Land and Environment Court New South Wales

Medium Neutral Citation: Urbis Pty Ltd v Dubbo City Council [2012] NSWLEC 1069 Hearing dates: 12 March 2012 Decision date: 21 March 2012 Jurisdiction: Class 1 Before: Brown ASC Decision: 1. The appeal is upheld, in part. 2. The application to modify conditions of consent in 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 subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibits 2, 3, A, B, C and D. Catchwords: MODIFICATION: application to modify conditions of consent to use a building for a public administration building (Centrelink and Medicare) - whether security measures required - whether council approval required for plan of management Legislation Cited: Environmental Planning and Assessment Act 1979 Category: Principal judgment Parties: Urbis Pty Ltd (Applicant)

Dubbo City Council (Respondent) Representation: Counsel Ms S Duggan SC (Applicant)

Mr N Wilson, solicitor (Respondent) Solicitors Gadens Lawyers (Applicant)

Booth Brown Samuels & Olney Solicitors (Respondent) File Number(s): 11111 of 2011

Judgment 1ACTING SENIOR COMMISSIONER: This is an appeal against the refusal by Dubbo City Council (the council) of an application to modify conditions of consent granted with the approval of Development Application 2010-526 for the use of a building for public administration purposes (Centrelink and Medicare) at 64 Wingewarra Street, Dubbo (the site). The building also a frontage to Carrington Avenue where access is provided to the car park. 2The hearing commenced on site where local residents and representatives of Dubbo Public School (the School), Dubbo Public School Parents and Citizens Association, the Country Women's Association and Dubbo Uniting Church provided evidence. Their concerns focused largely on the potential unacceptable interaction between people using the Centrelink office and children from the School, people attending the Country Women's Association and Dubbo Uniting Church facilities and the general public in the proximity of the Centrelink office. Representatives of the School, Dubbo Public School Parents and Citizens Association, the Country Women's Association and Dubbo Uniting Church expressed particular concern as their premises are in close proximity to the site. 3The specific concerns related to the potential for people (including school children) being confronted by unacceptable behaviour, such as bad language, loitering, smoking, drinking alcohol, fighting and harassment of passers-by with requests for money, from customers of Centrelink. 4Expert town planning evidence on behalf of the applicant provided by Mr Tim Blythe. Mr Blythe provided a statement of evidence and relied on the Social Impact Assessment (SIS) submitted with the development application. The council provided no expert evidence and Mr Blythe was not required for cross-examination.