Fife Capital Pty Ltd v Cumberland Council (No.2) [2017] NSWLEC 1569

Land and Environment Court New South Wales

Medium Neutral Citation: Fife Capital Pty Ltd v Cumberland Council (No.2) [2017] NSWLEC 1569 Hearing dates: 7 – 8 June 2017, Directions 6 July 2017, Amended plans, Vegetation Management Plan and conditions lodged 4 October 2017. Date of orders: 06 October 2017 Decision date: 06 October 2017 Jurisdiction: Class 1 Before: Dickson C Decision: The orders of the Court are:

(1) The applicant is granted leave to rely on the amended plans dated 22/9/2017 and annotated in Condition 1 of Annexure A; (2) The appeal is upheld; (3) Consent is granted to Development Application No. 2016/327/1 for bulk earthworks, including excavation and movement of soil to provide 28,000m² of fill at Lot 3, DP 231327, Lot 12 in DP 1048988, (7 Dursley Road, Yennora) subject to conditions in Annexure A; (4) The exhibits are returned with the exception of Exhibit A, 1 and the documents filed with the Court on 4 October 2017 in response to the Directions. Catchwords: DEVELOPMENT APPEAL: consent sought for bulk earthworks – impact on endangered ecological community – whether a species impact statement is required – required buffer to Prospect Creek – required buffer to vegetation community – land zoned for industrial and environmental purposes. Legislation Cited: Environmental Planning and Assessment Act 1979 Cases Cited: Fife Capital Pty Ltd v Cumberland Council [2017] NSWLEC 1354 Texts Cited: Nil Category: Principal judgment Parties: Fife Capital Pty Ltd (Applicant) Cumberland Council (Respondent) Representation: Counsel: M Staunton (Applicant) A, Seton, Marsdens Law Group (Respondent)