Clearstate Development Co Pty Ltd v Liverpool City Council [2018] NSWLEC 1279

Clearstate Development Co Pty Ltd v Liverpool City Council [2018] NSWLEC 1279

The consent approved sewerage servicing arrangements that satisfied Sydney Water's requirements. Condition 4 was imposed under s80A(2) of the Environmental Planning and Assessment Act 1979 and left sewerage servicing to Sydney Water's satisfaction; it did not require only a gravity lead-in main and was not, by its terms, a precondition to the issue of a subdivision certificate. The interim operating procedure was not inconsistent with the consent because it was an aspect of sewerage servicing satisfying Sydney Water's requirements, as evidenced by the section 73 certificate. Condition 90 was satisfied by provision of that certificate, and condition 76 was satisfied because suitable...

Jurisdiction
Australia
Judgment Date
13 June 2018
Procedural Posture
Class 1 Appeal Under the Former S 109 K(3) (now S8.16) of the Environmental Planning and Assessment Act 1979 Relating to the Deemed Refusal of an Application for a Subdivision Certificate / Principal Judgment and Final Orders
Outcome
Appeal upheld; subdivision certificate issued.
Legal Topics
['construction and Interpretation of Development Consent' 'subdivision Certificate' 'sewerage Servicing Arrangements' 'conditions Precedent to Issue of Subdivision Certificate' 'sydney Water Section 73 Certificate' 'public Utility Infrastructure']
['planning and Environment' 'development Consent' 'subdivision Certification'] ['construction and Interpretation of Development Consent' 'subdivision Certificate' 'sewerage Servicing Arrangements' 'conditions Precedent to Issue of Subdivision Certificate' 'sydney Water Section 73 Certificate' 'public Utility Infrastructure']

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Procedural Posture

Class 1 Appeal Under the Former S 109 K(3) (now S8.16) of the Environmental Planning and Assessment Act 1979 Relating to the Deemed Refusal of an Application for a Subdivision Certificate / Principal Judgment and Final Orders

Legal Issues

  1. 1 ['What development consent DA-1205/2015 approved in terms of sewerage servicing of the subdivision' 'Whether the interim operating procedure work was approved by the consent' 'Whether condition 4 of the consent was required by its terms to be complied with before a subdivision certificate could be issued' 'Whether condition 90 was satisfied by the section 73 certificate dated 12 December 2017' 'Whether condition 76 prevented issue of the subdivision certificate because subdivision works had not been completed or suitable arrangements made']

Ratio Decidendi

The consent approved sewerage servicing arrangements that satisfied Sydney Water's requirements. Condition 4 was imposed under s80A(2) of the Environmental Planning and Assessment Act 1979 and left sewerage servicing to Sydney Water's satisfaction; it did not require only a gravity lead-in main and was not, by its terms, a precondition to the issue of a subdivision certificate. The interim operating procedure was not inconsistent with the consent because it was an aspect of sewerage servicing satisfying Sydney Water's requirements, as evidenced by the section 73 certificate. Condition 90 was satisfied by provision of that certificate, and condition 76 was satisfied because suitable...

Court Disposition

Appeal upheld; subdivision certificate issued.

Orders

  • ['Appeal upheld.' 'A subdivision certificate for 150 Tenth Avenue, Austral NSW 2179 (Lot 885 DP 2475 and Lot 860 DP 2475) pursuant to Development Consent no DA 1205/2015 dated 21 June 2016 is issued under Part 4 A Division 1 of the Environmental Planning and Assessment Act 1979.' "The Respondent is directed to sign...