City of Mitcham v Mol Pty Ltd & Ors No. Scciv-02-1103

The case of City of Mitcham v Mol Pty Ltd & Ors, No. Scciv-02-1103, involves a dispute concerning the approval of a proposed development within the Hills Face Zone. The locality in question encompasses a range of land uses, including grazing, viticulture, residential development, and bushland, with significant portions of the area maintaining an open rural and natural character. The primary issue before the Environment Court was whether the proposed development could be approved under the Development Plan, specifically considering the Objectives and Principles of Development Control for the Hills Face Zone.

The legal issues the court had to decide centered around the interpretation and application of the Objectives and Principles of Development Control for the Hills Face Zone. The court needed to determine if the proposed development adhered to the objectives of preserving and enhancing the natural character of the area and whether it complied with the principles that restrict development to low-intensity agricultural activities and public or private open spaces. The key consideration was whether the development would preserve the natural character and avoid creating a potential demand for urban services.

In reaching its decision, the court emphasized the importance of preserving and enhancing the natural character of the Hills Face Zone, which includes maintaining the open rural and natural character of the area. The court highlighted that developments should be assessed based on their ability to preserve and enhance this natural character, rather than comparing them with existing developments in the locality. The objectives and principles of the Development Plan were central to this assessment. The court concluded that the proposed development did not sufficiently align with these objectives and principles, particularly in terms of preserving the natural character and avoiding the potential demand for urban services. Consequently, the court ruled against the approval of the proposed development.

The court's final orders reflected its decision, denying approval for the proposed development within the Hills Face Zone. The ruling underscored the importance of adhering to the objectives and principles designed to preserve and enhance the natural character of the area, thereby preventing developments that could detract from the rural and natural landscape.