Bathurst Christian Life Centre Incorporated v Bathurst Regional Council. [2009] NSWLEC 1406

Bathurst Christian Life Centre Incorporated v Bathurst Regional Council. [2009] NSWLEC 1406

The timeframe for completion of the required civil works may be reasonably extended in light of the applicant’s circumstances, public safety and amenity interests can be maintained if works are completed within the revised periods, and the variation to permit bitumen sealing of the car park (in lieu of concrete) is acceptable.

Parties
Applicant: Bathurst Christian Life Centre Incorporated; Respondent: Bathurst Regional Council
Jurisdiction
Australia
Judgment Date
01 December 2009
Procedural Posture
Appeal / Merit Determination Following S34 Conference
Outcome
appeal upheld
Legal Topics
Section 121 B Order, Compliance With Development Consent Conditions, Roadworks and Car Park Sealing, Footpath Construction
Planning and Environment Section 121 B Order Compliance With Development Consent Conditions Roadworks and Car Park Sealing Footpath Construction

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Parties

Bathurst Christian Life Centre Incorporated

Applicant

Bathurst Regional Council

Respondent

Procedural Posture

Appeal / Merit Determination Following S34 Conference

Legal Issues

  1. 1 Whether extension of time for compliance with civil works conditions of consent should be granted
  2. 2 Appropriate timeframes for fulfilment of roadworks, footpath, and car park sealing as required by consent conditions
  3. 3 Whether variations to material specifications are acceptable

Ratio Decidendi

The timeframe for completion of the required civil works may be reasonably extended in light of the applicant’s circumstances, public safety and amenity interests can be maintained if works are completed within the revised periods, and the variation to permit bitumen sealing of the car park (in lieu of concrete) is acceptable.

Court Disposition

appeal upheld

Orders

  • The appeal is upheld.
  • Pursuant to Section 121(B) of the Environmental Planning and Assessment Act 1979, Order No 15 is made to complete: (a) road shoulder, kerbing and guttering by 31 December 2010; (b) car park sealing (2-coat bitumen) and line marking by 31 December 2011; (c) concrete footpath by 31 December 2011, as per plans approved...