Williams v Coffs Harbour City Council [2007] NSWLEC 440

Williams v Coffs Harbour City Council [2007] NSWLEC 440

The evidence from Council records and Mr Wilson's affidavit established that works related to the consent were physically carried out on the land in early January 1998 before the lapsing date of 19 January 1998. Because the Council had refused to confirm commencement, there was a controversy, and despite the absence of a contradictor the Applicants had established by evidence their entitlement to a declaration that the development consent had not lapsed.

Jurisdiction
Australia
Judgment Date
28 June 2007
Procedural Posture
Class 4 Proceedings Seeking Declaratory Relief / Ex Tempore Judgment
Outcome
Declaration granted; no costs order made.
Legal Topics
['lapsing of Development Consent' 'physical Commencement of Development' 'declaratory Relief' 'submitting Appearance' 'absence of Contradictor']
['planning and Environment Law' 'civil Procedure'] ['lapsing of Development Consent' 'physical Commencement of Development' 'declaratory Relief' 'submitting Appearance' 'absence of Contradictor']

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Procedural Posture

Class 4 Proceedings Seeking Declaratory Relief / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether development consent no 225/92 had been physically commenced before 19 January 1998 so that it had not lapsed.' 'Whether the Court should make a declaration that the development consent had not lapsed where the Council filed a submitting appearance and there was no contradictor.']

Ratio Decidendi

The evidence from Council records and Mr Wilson's affidavit established that works related to the consent were physically carried out on the land in early January 1998 before the lapsing date of 19 January 1998. Because the Council had refused to confirm commencement, there was a controversy, and despite the absence of a contradictor the Applicants had established by evidence their entitlement to a declaration that the development consent had not lapsed.

Court Disposition

Declaration granted; no costs order made.

Orders

  • ['The Court declares that the development consent granted by the Respondent on 19 January 1993 (Council reference 225/92) for the construction and use of a 136 site caravan park at Lot 350, DP 703698, Pacific Highway Arrawarra has not lapsed.']