Boral Resources (NSW) Pty Limited v Wingecarribee Shire Council [2003] NSWLEC 39
Work expressly required by a condition of development consent, physically commenced before the five-year lapse period, constitutes engineering or construction work relating to the development and on the relevant land under s 99(4) (now s 95(4)) of the Environmental Planning and Assessment Act 1979, thus preventing the consent from lapsing.
- Jurisdiction
- Australia
- Judgment Date
- 21 February 2003
- Procedural Posture
- Application for Declaration / Judgment
- Outcome
- Declaration made for applicant; development consent not lapsed. Costs reserved.
- Legal Topics
- ['development Consent' 'lapse of Consent' 'commencement of Works' 'construction Law']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Declaration / Judgment
Legal Issues
- 1 ["Whether work carried out pursuant to condition 13(i) was 'engineering or construction work relating to' the development." "Whether it was 'on the land to which the consent applies' within the meaning of s 99(4) of the EP&A Act."]
Ratio Decidendi
Work expressly required by a condition of development consent, physically commenced before the five-year lapse period, constitutes engineering or construction work relating to the development and on the relevant land under s 99(4) (now s 95(4)) of the Environmental Planning and Assessment Act 1979, thus preventing the consent from lapsing.
Court Disposition
Declaration made for applicant; development consent not lapsed. Costs reserved.
Orders
- ['Declaration that the development consent granted on 11 February 1991 has not lapsed.' 'Question of costs reserved.']
Full Case Text
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