CROWN HOLDINGS NO. 2 PTY LTD AND ACT PLANNING & LAND AUTHORITY

In this matter, Crown Holdings No. 2 Pty Ltd sought a review of the decision made by the ACT Planning and Land Authority to approve the development of a multi-unit dwelling in an A10 zone, subject to conditions that one dwelling unit be removed and a regulated tree be preserved. The primary issue before the court was whether the conditions imposed by the authority were appropriate and lawful, considering the statutory obligations and objectives under the Territory Plan.

The court had to determine the legal status of the advice provided by the Conservator of Flora and Fauna regarding the regulated tree, and whether the authority was required to strictly adhere to this advice. Additionally, the court considered the significance of the tree protection in relation to the broader strategic objectives outlined in the Territory Plan, particularly those concerning urban development and environmental conservation.

Upon reviewing the evidence and the statutory framework, the court found that the authority had correctly interpreted and applied the relevant provisions of the Territory Plan. The court determined that the conditions imposed on the development were both appropriate and lawful, taking into account the statutory obligations and the broader strategic objectives of the Territory Plan. The advice from the Conservator of Flora and Fauna was deemed to be advisory rather than mandatory, and the court upheld the authority's decision to approve the development subject to the specified conditions.

The court's decision was that the application for review was dismissed, and the approval of the development by the ACT Planning and Land Authority was upheld. The conditions requiring the deletion of one dwelling unit and the retention of the regulated tree were considered appropriate and in compliance with the statutory obligations and objectives.