Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41

Land and Environment Court New South Wales

Medium Neutral Citation: Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 Hearing dates: 17 April 2020 Date of orders: 29 April 2020 Decision date: 29 April 2020 Jurisdiction: Class 1 Before: Preston CJ Decision: The Court orders: (1) The appeal is upheld. (2) The decision and orders of Commissioner Dickson dated 4 October 2019 are set aside. (3) The proceedings are remitted to Commissioner Dickson to be determined according to these reasons for judgment. (4) The respondent is to pay the costs of the applicant of the appeal. Catchwords: APPEAL – appeal against a Commissioner's decision on questions of law – decision to grant deferred commencement consent for seniors housing – road, civil and infrastructure works needed but not part of development application – whether likely impacts of the development – whether failure to consider likely impacts – precondition to grant of consent – provision of water and sewer services – whether precondition satisfied – access way to seniors housing development – characterisation of use of access way – impact on oyster aquaculture – whether failure to consider – precondition to grant of consent – acid sulfate soils management plan for proposed works – plan submitted for some but not all proposed works – whether precondition satisfied – precondition to grant of consent – significant impact on biophysical, hydrological and ecological matters – whether failure to consider Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.16 Land and Environment Court Act 1979 s 56A Roads Act 1993 State Environmental Planning Policy 14 – Coastal Wetlands State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy 62 – Sustainable Aquaculture State Environmental Planning Policy (Housing for Seniors or People with Disability) 2004 cl 28 Cases Cited: Argyropolous v Canterbury Municipal Council (1988) 66 LGERA 203 Australian Coal Alliance Inc v Wyong Coal Pty Ltd [2019] NSWLEC 31 Bell v Minister for Urban Affairs and Planning (1997) 95 LGERA 86 Botany Bay City Council v Pet Carriers International Pty Ltd (2013) 201 LGERA 116; [2013] NSWLEC 147 Cameron v Nambucca Shire Council (1997) 95 LGERA 268 Crighton Properties Pty Ltd v Kiama Municipal Council (2006) 146 LGERA 271; [2006] NSWLEC 297 Environmental Defence Society Inc v South Pacific Aluminium (No 4) [1981] 1 NZLR 530 Hoxton Park Residents Action Group Inc v Liverpool City Council (2011) 81 NSWLR 638; [2011] NSWCA 349 S J Connelly CPP Pty Ltd and Kate Singleton Pty Ltd t/as Planners North v Northern Regional Planning Panel (No 2) [2019] NSWLEC 199 Site Plus Pty Ltd v Wollongong City Council [2014] NSWLEC 25 Weal v Bathurst City Council (2000) 111 LGERA 181; [2000] NSWCA 88 Zhang v Canterbury City Council (2001) 51 NSWLR 589; [2001] NSWCA 167 Category: Principal judgment Parties: Ballina Shire Council (Applicant) Palm Lakes Works Pty Ltd (Respondent) Representation: Counsel: Ms J Reid (Applicant) Mr I Hemmings SC (Respondent)