Csillag v Woollahra Council [2011] NSWLEC 17

Csillag v Woollahra Council [2011] NSWLEC 17

The second notification letter, read with the accompanying plans showing and clouding the tower building, sufficiently identified the location of apartment 15 despite the alternative Edgecliff Road address. The newspaper advertisements, however, gave only 325 or 335 New South Head Road and no accompanying material; in a large site with multiple buildings, dual street frontages, Council records recognising 353 Edgecliff Road, and the tower building visible from and accessed at Edgecliff Road, that description did not sufficiently identify the land to which the application related. The failure to advertise in accordance with the DCP breached s 79A(2) of the Environmental Planning and...

Jurisdiction
Australia
Judgment Date
21 February 2011
Procedural Posture
Judicial Review / Principal Judgment on Application for Declaration of Invalidity of Development Consent
Outcome
Development consent suspended until further order; parties directed to prepare short minutes for re-notification, advertising, further consideration by Council, and further listing; applicants awarded one quarter of their costs to date against the second respondent as ordered.
Legal Topics
['notification and Advertisement of Development Application' 'identification of Application Site' 'development Control Plan Compliance' 'validity of Development Consent' 'procedural Fairness' 'suspension of Development Consent Under S 25 B of the Land and Environment Court Act 1979' 'costs Following Abandoned Ground']
['planning and Environment Law' 'administrative Law' 'costs'] ['notification and Advertisement of Development Application' 'identification of Application Site' 'development Control Plan Compliance' 'validity of Development Consent' 'procedural Fairness' 'suspension of Development Consent Under S 25 B of the Land and Environment Court Act 1979' 'costs Following Abandoned Ground']

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Procedural Posture

Judicial Review / Principal Judgment on Application for Declaration of Invalidity of Development Consent

Legal Issues

  1. 1 ["Whether the Council's notification and advertisement of the development application adequately identified the land to which the application related in accordance with the DCP." 'Whether any failure to comply with the DCP amounted to a breach of s 79A(2) of the Environmental Planning and Assessment Act 1979 rendering the development consent invalid.' 'Whether the Court should make an order under Div 3 of Pt 3 of the Land and Environment Court Act 1979 instead of declaring the development consent invalid.' 'What costs order should be made given that one pleaded ground of invalidity was abandoned during the hearing.']

Ratio Decidendi

The second notification letter, read with the accompanying plans showing and clouding the tower building, sufficiently identified the location of apartment 15 despite the alternative Edgecliff Road address. The newspaper advertisements, however, gave only 325 or 335 New South Head Road and no accompanying material; in a large site with multiple buildings, dual street frontages, Council records recognising 353 Edgecliff Road, and the tower building visible from and accessed at Edgecliff Road, that description did not sufficiently identify the land to which the application related. The failure to advertise in accordance with the DCP breached s 79A(2) of the Environmental Planning and...

Court Disposition

Development consent suspended until further order; parties directed to prepare short minutes for re-notification, advertising, further consideration by Council, and further listing; applicants awarded one quarter of their costs to date against the second respondent as ordered.

Orders

  • ['In accordance with s 25B(1)(a) of the Land and Environment Court Act 1979, the whole of development consent no. 256/2008/1 granted by the first respondent on 6 July 2009 is suspended until further order made in accordance with s 25C of the Court Act.' 'Direct the parties to bring in short minutes of order to give...