PAG Services Pty Ltd v Byron Shire Council [2023] NSWLEC 40

PAG Services Pty Ltd v Byron Shire Council [2023] NSWLEC 40

The removal of the coastal cypress tree, expressly permitted by the development consent and carried out before the consent’s lapsing date, constituted construction work under s 95 of the EPA Act. This was an initiatory step relating to the approved development. Consequently, the development consent did not lapse.

Jurisdiction
Australia
Judgment Date
14 April 2023
Procedural Posture
Class 4 Judicial Review / Principal Judgment
Outcome
Declaration granted: development consent has not lapsed; each party to pay own costs.
Legal Topics
['development Consent' 'lapsing of Consent' 'declaratory Relief' 'costs Order' 'commencement of Construction Work']
['planning and Environment Law' 'civil Procedure'] ['development Consent' 'lapsing of Consent' 'declaratory Relief' 'costs Order' 'commencement of Construction Work']

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Procedural Posture

Class 4 Judicial Review / Principal Judgment

Legal Issues

  1. 1 ['Has development consent DA 10.2001.121.1 lapsed?' "Does removal of tree constitute 'construction work' commencing consent?" 'Should the Court grant declaratory relief in absence of proper contradictor?' 'Should costs follow the event in light of submitting appearance?']

Ratio Decidendi

The removal of the coastal cypress tree, expressly permitted by the development consent and carried out before the consent’s lapsing date, constituted construction work under s 95 of the EPA Act. This was an initiatory step relating to the approved development. Consequently, the development consent did not lapse.

Court Disposition

Declaration granted: development consent has not lapsed; each party to pay own costs.

Orders

  • ['The Court declares that development consent DA 10.2001.121.1 issued by the Land and Environment Court of NSW in proceedings 10744 of 2002 dated 24 March 2004 for the carrying out of development being the demolition of existing buildings and the erection of 10 town houses at 112-116 Lighthouse Road, Byron Bay has...