Centro Properties Limited v Warringah Council & Anor [No 2] [2003] NSWLEC 257

Centro Properties Limited v Warringah Council & Anor [No 2] [2003] NSWLEC 257

The Council's failure to consider likely economic impact under s 79C(1)(b) was a failure in the determination process itself, not invalidity arising from a step preliminary to the granting of development consent. Pt 3 Div 3 of the Land and Environment Court Act 1979 therefore did not apply. In any event, the proposed s 25B terms would not validate the consent because they would not provide a lawful s 79C determination involving consideration of all relevant matters. The development consent was therefore invalid and of no effect.

Jurisdiction
Australia
Judgment Date
31 October 2003
Procedural Posture
Proceedings Concerning Validity of Development Consent / Judgment No 2 on Relief After Earlier Finding That the Council Failed to Consider Likely Economic Impact Under S 79 C(1)(b) of the Environmental Planning and Assessment Act 1979
Outcome
Development consent declared invalid and of no effect; Second Respondent restrained from acting upon it; costs reserved. The judgment metadata states it was set aside by appeal: [2005] NSWCA 403 - appeal allowed.
Legal Topics
['validity of Development Consent' 'mandatory Relevant Considerations' 'economic Impact Assessment' 'land and Environment Court Act 1979 Pt 3 Div 3' 'suspension and Validation of Development Consent']
['planning and Environment Law' 'administrative Law'] ['validity of Development Consent' 'mandatory Relevant Considerations' 'economic Impact Assessment' 'land and Environment Court Act 1979 Pt 3 Div 3' 'suspension and Validation of Development Consent']

Case Brief

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Procedural Posture

Proceedings Concerning Validity of Development Consent / Judgment No 2 on Relief After Earlier Finding That the Council Failed to Consider Likely Economic Impact Under S 79 C(1)(b) of the Environmental Planning and Assessment Act 1979

Legal Issues

  1. 1 ['Whether s 25A of the Land and Environment Court Act 1979 applied in the circumstances' 'Whether s 25B(1)(b) and s 25B(2) of the Land and Environment Court Act 1979 applied in the circumstances' 'Whether general discretionary matters applied so that an order under s 25B(1)(b) of the Land and Environment Court Act 1979 ought not be made']

Ratio Decidendi

The Council's failure to consider likely economic impact under s 79C(1)(b) was a failure in the determination process itself, not invalidity arising from a step preliminary to the granting of development consent. Pt 3 Div 3 of the Land and Environment Court Act 1979 therefore did not apply. In any event, the proposed s 25B terms would not validate the consent because they would not provide a lawful s 79C determination involving consideration of all relevant matters. The development consent was therefore invalid and of no effect.

Court Disposition

Development consent declared invalid and of no effect; Second Respondent restrained from acting upon it; costs reserved. The judgment metadata states it was set aside by appeal: [2005] NSWCA 403 - appeal allowed.

Orders

  • ['Development consent 2001/1615DA dated 7 May 2002 for construction of bulky goods retail outlet, shops, restaurants, conservation of bushland and associated parking granted by the First Respondent in relation to Lot 1 in Deposited Plan 880191 known as 4 - 6 Niangala Close, Belrose is invalid and of no effect.' 'The...