Snow Culture Pty Limited v Anthony Roberts Trading as Minister For Planning; Secretary, Department of Planning and Environment v Snow Culture Pty Limited [2017] NSWLEC 125

Snow Culture Pty Limited v Anthony Roberts Trading as Minister For Planning; Secretary, Department of Planning and Environment v Snow Culture Pty Limited [2017] NSWLEC 125

The remaining works, including staircases, bathroom tiling and plumbing, door hanging, loft windows, gyprocking, kitchen cabinetry and cool-room electrical works, were construction activities within condition D3(a) of the development consent and were not permitted to recommence until 3 October 2017. Although the Court had a wide discretion under s 124, there was no delay by the authority, no sufficient countervailing public benefit, and the public interest in upholding the integrity of the planning system outweighed Snow Culture's reasons for continuing work during the ski season. A restraining order was therefore required.

Jurisdiction
Australia
Judgment Date
17 August 2017
Procedural Posture
Class 4 Proceedings in the Land and Environment Court of New South Wales / Application for Judicial Review of a S 121 B Order and Application for an Order Restraining Breach of a Development Consent
Outcome
The s 121B order proceedings were dismissed after the order was withdrawn, and Snow Culture was restrained from carrying out construction until 3 October 2017 or further order.
Legal Topics
['development Consent Conditions' 'construction During Ski Season' 'restraining Orders' 'judicial Review of Statutory Order' 'exercise of Discretion Under S 124 of the Environmental Planning and Assessment Act 1979']
['environmental Planning and Development Control' 'administrative Law'] ['development Consent Conditions' 'construction During Ski Season' 'restraining Orders' 'judicial Review of Statutory Order' 'exercise of Discretion Under S 124 of the Environmental Planning and Assessment Act 1979']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 4 Proceedings in the Land and Environment Court of New South Wales / Application for Judicial Review of a S 121 B Order and Application for an Order Restraining Breach of a Development Consent

Legal Issues

  1. 1 ['Whether the s 121B order requiring Snow Culture to cease construction activities was valid when the required statutory procedures had not been followed.' 'Whether remaining works at Smugglers Lodge constituted construction within the meaning of condition D3(a) of Development Consent DA7743.' 'Whether the Court should exercise discretion under s 124 of the Environmental Planning and Assessment Act 1979 to permit works during the period otherwise prohibited by the development consent.' 'Whether the public interest in upholding the planning system warranted making a restraining order.']

Ratio Decidendi

The remaining works, including staircases, bathroom tiling and plumbing, door hanging, loft windows, gyprocking, kitchen cabinetry and cool-room electrical works, were construction activities within condition D3(a) of the development consent and were not permitted to recommence until 3 October 2017. Although the Court had a wide discretion under s 124, there was no delay by the authority, no sufficient countervailing public benefit, and the public interest in upholding the integrity of the planning system outweighed Snow Culture's reasons for continuing work during the ski season. A restraining order was therefore required.

Court Disposition

The s 121B order proceedings were dismissed after the order was withdrawn, and Snow Culture was restrained from carrying out construction until 3 October 2017 or further order.

Orders

  • ['Until 3 October 2017 or further order, the Respondent is restrained from carrying out construction within the meaning of condition D3(a) of Development Consent DA7743 granted by a delegate of the Minister for Planning on 18 October 2016, as modified, on land within Lot 219, Corroboree Road, Smiggin Holes, in the...