CODLEA PTY LTD v. BYRON SHIRE COUNCIL [1998] NSWLEC 50

CODLEA PTY LTD v. BYRON SHIRE COUNCIL [1998] NSWLEC 50

Because cl 45 required prior adequate arrangements to have been made and the evidence showed no consensus, undertaking, acceptance in principle or other sufficient commitment by the council to permit the proposed sewerage diversion to Ocean Shores sewage treatment plant, the Assessor erred in treating the applicant's reasonable proposal as enough. Granting consent in those circumstances failed to satisfy cl 45 and was outside the Court's jurisdiction.

Jurisdiction
Australia
Judgment Date
04 December 1998
Procedural Posture
Appeal Under S 56 a of the Land and Environment Court Act 1979 Concerning Development Consent for Subdivision / Final Determination of Appeal From an Assessor's Decision
Outcome
Appeal upheld; development consent refused.
Legal Topics
['development Consent for Subdivision' 'byron Local Environmental Plan 1988 Cl 45' 'prior Adequate Arrangements for Sewerage, Drainage and Water Services' 'sewerage Reticulation to Ocean Shores Sewage Treatment Plant' 'jurisdiction on Appeal Under S 56 A']
['planning and Environmental Law' 'local Government' 'land and Environment Court Procedure'] ['development Consent for Subdivision' 'byron Local Environmental Plan 1988 Cl 45' 'prior Adequate Arrangements for Sewerage, Drainage and Water Services' 'sewerage Reticulation to Ocean Shores Sewage Treatment Plant' 'jurisdiction on Appeal Under S 56 A']

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Procedural Posture

Appeal Under S 56 a of the Land and Environment Court Act 1979 Concerning Development Consent for Subdivision / Final Determination of Appeal From an Assessor's Decision

Legal Issues

  1. 1 ['Whether it was open to the Assessor to grant development consent contrary to cl 45 of the Byron Local Environmental Plan 1988.' 'Whether prior adequate arrangements had been made for the provision of sewerage services to the land.' 'Whether a proposal by the developer to reticulate sewage to the Ocean Shores sewage treatment plant, without council consensus or commitment, could satisfy cl 45.' 'Whether the Court could uphold the development appeal where separate approvals or agreements under the Water Supply Authorities Act 1987 had not been obtained.']

Ratio Decidendi

Because cl 45 required prior adequate arrangements to have been made and the evidence showed no consensus, undertaking, acceptance in principle or other sufficient commitment by the council to permit the proposed sewerage diversion to Ocean Shores sewage treatment plant, the Assessor erred in treating the applicant's reasonable proposal as enough. Granting consent in those circumstances failed to satisfy cl 45 and was outside the Court's jurisdiction.

Court Disposition

Appeal upheld; development consent refused.

Orders

  • ['Appeal upheld.' 'Development application to subdivide Lot 73 DP 851902 into 226 residential allotments is determined by refusing consent.' 'The exhibits may be returned.']