Davis v Gosford City Council [2012] NSWLEC 62

Land and Environment Court New South Wales

Medium Neutral Citation: Davis v Gosford City Council [2012] NSWLEC 62 Hearing dates: 08/03/2012; 09/03/2012 Decision date: 27 March 2012 Jurisdiction: Class 4 Before: Lloyd AJ Decision: 1. A declaration that the development application lodged by the applicants with the respondent on 26 July 2011 and numbered by the respondent 40918/2011 was not required to be accompanied by a species impact statement prepared in accordance with Division 2 of Part 6 of the Threatened Species Conservation Act 1995 (NSW). 2. A declaration that the development application was made on 26 July 2011. 3. A declaration that the decision of the respondent to reject the development application under cl 51(2)(b) of the Environmental Planning & Assessment Regulation 2000 (NSW) made on 28 July 2011 was null, void and of no effect. 4. A declaration that the decision of the respondent to adhere to its decision of 28 July 2011 made on 5 September 2011 - the s 82B review - was null, void and of no effect. 5. An order that the decision of the respondent made on 28 July 2011 be set aside. 6. An order that the decision of the respondent made on 5 September 2011 be set aside. 7. An order that the respondent pay the applicants' costs of the proceedings. Catchwords: DEVELOPMENT APPLICATION - whether to be accompanied by a species impact statement Legislation Cited: Environmental Planning & Assessment Act 1979, ss 5A, 78A(8) Environmental Planning and Assessment Regulation 2000, cl 51(2)(b) Threatened Species Conservation Act 1995, Div 2, Pt 6 Uniform Civil Procedure Rules 2005, r 42.1 Cases Cited: Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Timbarra Protection Coalition Inc v Ross Mining NL (1999) 102 LGERA 52 Category: Principal judgment Parties: Raymond Davis (First Applicant) Suzanne Davis (Second Applicant) Gosford City Council (Respondent) Representation: AM Pickles (Applicants) MC Fraser (Respondent) Michael Flaherty (Applicants) PJ Donnellan & Co (Respondent) File Number(s): 40820 of 2011