Neometro Architects and Planners v Gosford City Council

Neometro Architects and Planners v Gosford City Council - [2002] NSWLEC 33 - NSWLEC 2002 case summary — Zoe

[101]

An Erosion and Sediment Control Plan and a stormwater and drainage plan are to be submitted to and approved by Council or the principal certifying authority prior to the issue of a construction certificate required by this consent. The plans are to be generally in accordance with the concept plans prepared by Trehy Ingold Neate being 18014 A01 Revision B dated 19 October 2001, the Erosion and Sediment Control Plan 18014 A02 Revision B dated 19 October 2001, the Plan of Proposed Works 18014 A03 Revision A dated 19 October 2001, and the Water Management Plan of Patterson Britton & Partners Pty Ltd dated 26 November 2001 prepared by Mark Tooker, as amended in red or where modified by conditions of this consent and will include scaled drawings and detailed specifications in accordance with Council's Civil Construction, Specification for the Drafting and Design of Stormwater Drainage Works and Roadworks and Code of Practice for Erosion and Sedimentation Control which can be readily understood and applied on-site by supervisory staff. Items to be shown on the plans shall include:- a Locality of the site, a north point and scale; b Existing contours of the site including catchment area boundaries and indications of direction of fall; c Location of and basic description of existing vegetation; d Diversion of uncontaminated upslope runoff around the disturbed site(s); e Location of significant natural areas requiring special planning or management including water bodies, flood plans, seasonally wet areas, areas prone to ponding/water logging, unstable slopes, etc; f Nature and extent of earthworks, including cut and fill and roadworks; g Location of all soil and material stockpiles; h Location of site access, proposed roads and other impervious areas; i Existing and proposed drainage patterns; j Location and type of proposed erosion and sediment control measures; k Site rehabilitation proposals, including final contours. l Initial construction of detention tank and humeceptor GPT rather than a temporary earth pond. The detention tank should be temporarily adapted by fitting a perforated filtered riser to the outlet. m A minimum detention volume of 17 cubic metres is required.

Parties

Applicant/Plaintiff:

Neometro Architects and Planners

Respondent/Defendant:

Gosford City Council

Cases Cited (4)

CITATION : Neometro Architects and Planners v Gosford City Council [2002] NSWLEC 33 APPLICANT PARTIES : Neometro Architects and Planners RESPONDENT Gosford City Council FILE NUMBER(S) : 10090 of 2001 CORAM: Sheahan J KEY ISSUES: Development Application :- application of SEPP 5 - application of SEPP 1 - setback to arterial road - noise attenuation - resident access to necessary services and facilities - water management issues - waste management issues - vehicular access to site - wetlands - public interest - costs of adjournment State Environomental Planning Policy 1 State Environmental Planning Policy 5 LEGISLATION CITED: State Environmental Planning Policy 14 Gosford City Council Interim Development Order 122 Gosford City Council Development Control Plan 114 Gosford City Council Local Environmental Plan 381 Asset Based Securities Pty Ltd v Hornsby Shire Council [2001] NSWLEC 276; CASES CITED: Hewitt v Hurstville Council [2001] NSWLEC 294; Hornsby Shire Council v Malcolm (1986) 60 LGRA 429; North Sydney Council v Ligon 302 Pty Ltd [No.2] (1996) 93 LGERA 23 DATES OF HEARING: 5/11/01-8/11/01, 11/03/02-12/03/02 DATE OF JUDGMENT: 03/15/2002

The current proposal can be approved only if it is held to accord with the requirements of SEPP 5. The parties are in dispute as to whether the court need or should apply to such requirements the dispensatory power of SEPP 1. c.f. Hewitt v Hurstville Council [2001] NSWLEC 294.

The court has also had regard to the Department of Urban Affairs and Planning publication "A Guide for Councils and Applicants" regarding the interpretation and application of the provisions of SEPP 5 (Exhibit A26 - note especially p 8 regarding "public" transport and "quality" of access), and to the remarks of Talbot J in Asset Based Securities Pty Limited v Hornsby Shire Council [2001] NSWLEC 276, especially the following:

(1996) 93 LGERA 23

Cited By (2)

Fairview Estate Vineyard Pty Limited v Mid-Western Regional Council

Murlan Consulting Pty Ltd v Ku-ring-gai Municipal Council

At a glance

Court

Decision date

Before

Source

Judgment (155 paragraphs)

Parties

Cases Cited (4)

Cited By (2)