Central Coast Council v 422 Pacific Highway Wyong Pty Ltd [2021] NSWLEC 64

Central Coast Council v 422 Pacific Highway Wyong Pty Ltd [2021] NSWLEC 64

Complying Development Certificate No 18-0124 was invalid because, although it purported to be issued by Mr Dagger, it was issued by Ms Raina Barnes, and because the prerequisite professional engineer certification required by cl 5A.27(3)(a) of the Codes SEPP was absent. Complying Development Certificate No 18-0403 was invalid because it purported to approve development, namely part of a proposed road, on land not owned by the owners of 422 Pacific Highway or 450 Pacific Highway and no owner's consent for that adjoining land had been given. The First Respondent did not contest the declarations.

Jurisdiction
Australia
Judgment Date
21 June 2021
Procedural Posture
Class 4 Judicial Review Proceedings Seeking Declarations That Complying Development Certificates Were Invalid and Remedial Relief / Principal Judgment on Declarations of Invalidity; Relief Deferred to Further Hearing
Outcome
The Court declared both complying development certificates invalid and of no effect, reserved costs, and deferred issues of relief to a further hearing.
Legal Topics
['complying Development Certificates' 'state Environmental Planning Policy (exempt and Complying Development Codes) 2008' 'earthworks and Structural Fill' 'professional Engineer Certification' "owner's Consent" 'invalidity of Development Approval']
['environmental and Planning Law' 'administrative Law' 'judicial Review'] ['complying Development Certificates' 'state Environmental Planning Policy (exempt and Complying Development Codes) 2008' 'earthworks and Structural Fill' 'professional Engineer Certification' "owner's Consent" 'invalidity of Development Approval']

Case Brief

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Procedural Posture

Class 4 Judicial Review Proceedings Seeking Declarations That Complying Development Certificates Were Invalid and Remedial Relief / Principal Judgment on Declarations of Invalidity; Relief Deferred to Further Hearing

Legal Issues

  1. 1 ['Whether Complying Development Certificate No 18-0124 was invalid because it was not issued by the Sixth Respondent in whose name it purported to be issued.' "Whether Complying Development Certificate No 18-0124 was invalid because no professional engineer's certificate required by cl 5A.27(3)(a) of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 was provided." "Whether Complying Development Certificate No 18-0403 was invalid because it purported to approve roadworks on adjoining land for which owner's consent had not been obtained." 'Whether declarations of invalidity should be made where the First Respondent submitted to those declarations.']

Ratio Decidendi

Complying Development Certificate No 18-0124 was invalid because, although it purported to be issued by Mr Dagger, it was issued by Ms Raina Barnes, and because the prerequisite professional engineer certification required by cl 5A.27(3)(a) of the Codes SEPP was absent. Complying Development Certificate No 18-0403 was invalid because it purported to approve development, namely part of a proposed road, on land not owned by the owners of 422 Pacific Highway or 450 Pacific Highway and no owner's consent for that adjoining land had been given. The First Respondent did not contest the declarations.

Court Disposition

The Court declared both complying development certificates invalid and of no effect, reserved costs, and deferred issues of relief to a further hearing.

Orders

  • ['The Court declares that Complying Development Certificate No 18-0124 is invalid and of no effect.' 'The Court declares that Complying Development Certificate No 18-0403 is invalid and of no effect.' 'Costs are reserved.']