Residents Against Improper Development Incorporated & v Chase Property Investments Pty Ltd

(2006) 149 LGERA 360; [2006] NSWCA 323

NSW Court of Appeal

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Interrogate

Catchwords

1. Building Control and Town Planning
2. › Development applications
3. › Local environmental plans
4. › Development standards
5. › Whether provision requiring reticulated sewerage constituted a development standard
6. › Whether amenable to objection under SEPP 1
7. › Environmental Planning and Assessment Act 1979 (NSW), s 4(1)
8. › State Environmental Planning Policy No 1
1. Building Control and Town Planning
2. › Development applications
3. › Designated development
4. › Sewerage systems or works
5. › Whether development application 'in respect of' designated development
6. › Construction of 'in respect of'
7. › Environmental Planning and Assessment Act 1979 (NSW), s 77A
8. › Environmental Planning and Assessment Regulation 2000 (NSW), Sch 3, Pt 1, category 29
1. Words and Phrases
2. › 'In respect of'
3. › 'In respect of designated development'
4. › Whether requiring direct or indirect connection
5. › Environmental Planning and Assessment Act 1979 (NSW)
1. Practice and Procedure
2. › Appeals
3. › Land and Environment Court
4. › Appeal from commissioner's decision
5. › Whether appeal competent
6. › Proper procedural course
7. › Land and Environment Court Act 1979 (NSW), ss 36(5), 57(3), 57(4)

Quick Take

A development application that includes as an integral component a sewerage system or works falling within the designated development categories in Schedule 3 to the Environmental Planning and Assessment Regulation 2000 is 'in respect of designated development' and requires an environmental impact statement, even if the primary purpose of the application is the erection of dwellings. The phrase 'in respect of' designated development is to be given a broad construction requiring only a relationship or connection between the application and the designated development. Clause 10.8(e) of the Blue Mountains LEP 1991, requiring reticulated sewerage, is a development standard amenable to a SEPP 1 objection. There is an unresolved tension in the law governing costs in LEC Class 1 proceedings between the Hunter Development approach and the approach articulated by McClellan CJ at CL.