Vic Vellar Nominees Pty Ltd v Wollongong City Council [2012] NSWLEC 82

Vic Vellar Nominees Pty Ltd v Wollongong City Council [2012] NSWLEC 82

The Court made the proposed consent orders because the related proceedings were to be resolved by consent, and the unusually long 18-month adjournment of the subdivision appeal was justified to enable works to be carried out so that the partially constructed dwelling-houses would qualify as existing dwelling-houses and enliven the power to grant subdivision consent.

Jurisdiction
Australia
Judgment Date
20 April 2012
Procedural Posture
Class 4 Enforcement Proceedings and Damages Proceedings; Class 1 Subdivision Appeal / Consequential Orders by Consent
Outcome
Consent orders made; Class 4 proceedings 40838/09 and 40712/10 finally disposed of; Class 1 proceedings 10434/09 stood over for 18 months.
Legal Topics
['consent Orders' 'subdivision Appeal' 'enforcement Proceedings' 'damages Proceedings' 'adjournment' 'existing Dwelling House']
['planning and Environment' 'practice and Procedure'] ['consent Orders' 'subdivision Appeal' 'enforcement Proceedings' 'damages Proceedings' 'adjournment' 'existing Dwelling House']

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Procedural Posture

Class 4 Enforcement Proceedings and Damages Proceedings; Class 1 Subdivision Appeal / Consequential Orders by Consent

Legal Issues

  1. 1 ['Whether proposed consent orders should be made in three related proceedings.' 'Whether the Class 1 subdivision appeal should be adjourned for 18 months to enable works to be carried out to two partially constructed dwelling-houses so that each would qualify as an "existing dwelling-house" within cl 13(2)(a) of the Wollongong Local Environmental Plan 1990.']

Ratio Decidendi

The Court made the proposed consent orders because the related proceedings were to be resolved by consent, and the unusually long 18-month adjournment of the subdivision appeal was justified to enable works to be carried out so that the partially constructed dwelling-houses would qualify as existing dwelling-houses and enliven the power to grant subdivision consent.

Court Disposition

Consent orders made; Class 4 proceedings 40838/09 and 40712/10 finally disposed of; Class 1 proceedings 10434/09 stood over for 18 months.

Orders

  • ["Orders made in the three proceedings in accordance with short minutes of order dated 20 April 2012 signed by the parties' legal representatives." "The parties are to forthwith obtain from the Registry a hearing date in 18 months' time in the subdivision appeal when consent orders finally disposing of those...