Bungendore Residents Action Group Inc v Palerang Council & Navaroo Constructions Pty Ltd
Between 2005 and 2007, EDO NSW successfully acted for Bungendore Residents' Group Inc. to challenge Palerang Council's decision to allow alternative 47 or 44 lot subdivisions on an area of land at Bungendore, near Braidwood in the NSW Southern Highlands. The group were concerned the subdivision would be out of character with the surrounding area, being a medium density housing development in a rural location; would impact stressed town drinking water supplies; and that the Council had only approved the subdivision for fear of expensive litigation by the developer in the Land & Environment Court if they refused (these last two concerns were not raised in the case).
On 15 May 2007 Justice Pain handed down judgment that the Council had failed to have regard to certain detailed analyses, and whether each allotment had a practical building precinct, as required under the Local Environmental Plan; and that, as designated development, the development applications should have been subject to an environmental impact statement (which they were not).
On 24 August 2007 the court further decided that it should exercise its discretion to overturn the consents, and then on 30 October 2007 ordered the Respondents to share payment of the Applicant's costs.
EDO NSW would like to thank Mr J Johnson who acted as counsel for Bungendore Residents Group Inc in these matters.
Judgment - Order on costs
Judgment - Development consent overturned