EDO case win: Councils must uphold own environmental standards

Sydney, 16 May 2007: The Environmental Defender's Office (EDO) has welcomed a significant victory for the environment with the decision handed down in Bungendore Residents Group Inc. v Palerang Council & Navaroo Constructions Pty Ltd this week.

In this case the EDO was acting for the Bungendore Residents Group Inc. in a challenge to a 47 lot subdivision in Bungendore, near Braidwood in southern NSW.

Justice NHM Pain of the Land and Environment Court found that the consent given by Palerang Council had legal errors.

Specifically, Pain J found that Council had failed to comply with its Local Environment Plan with regard to the location and sizes of the proposed lots, and that an Environmental Impact Statement should have been provided by the developer due to the inclusion of a sewage treatment plant in the development.

The Bungendore Residents Group Inc. was motivated by the concern that Council had granted consent primarily due to concerns about the cost of a legal challenge should it reject the development. The Group was also concerned about stressed town drinking water supplies, contamination of drinking water by the development's sewerage treatment plant, and a medium density subdivision in a rural area.

The Court now has to decide whether to grant orders invalidating the consent under s124 of the  Environmental Planning and Assessment Act 1979, with a h earing date on this and other discretion issues expected to be set down in the next few days.

Ms Jacquie Svenson, EDO solicitor on the case, said:

“This decision has reinforced the need for Councils to uphold their own environmental standards when considering development applications.

“This is a win for sustainable development in rural and regional NSW.”

For more information contact: Ms Jacquie Svenson 9262-6989, 0434 223 789