Commitment Pty Ltd v Georges River Council; (No 2) [2022] NSWLEC 94

Commitment Pty Ltd v Georges River Council; (No 2) [2022] NSWLEC 94

A development application is 'made' for the purposes of the savings provisions in the Georges River Local Environmental Plan 2021 and Georges River Development Control Plan 2021 only when there is substantial compliance with the requirements of the EPA Act and EPA Regulation 2000, including lodgment and payment of fees. Therefore, the applicant's DA was not made before commencement of the new instruments, and the GRLEP and GRDCP apply to the DA.

Jurisdiction
Australia
Judgment Date
03 August 2022
Procedural Posture
Appeal Class 1 / Determination of Separate Questions of Law Before Substantive Hearing
Outcome
Questions answered: (a) No; (b) Yes (by agreement); (c) No; GRLEP and GRDCP apply to the DA.
Legal Topics
['development Applications' 'statutory Interpretation' 'savings Provisions' 'regulation Amendments']
['planning and Environment'] ['development Applications' 'statutory Interpretation' 'savings Provisions' 'regulation Amendments']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal Class 1 / Determination of Separate Questions of Law Before Substantive Hearing

Legal Issues

  1. 1 ["When is a development application 'made' for the purposes of savings provisions in the Georges River Local Environmental Plan 2021 and Development Control Plan 2021?" "Does the GRLEP 2021 and GRDCP 2021 apply to the applicant's development application given the date of submission and fee payment?" 'Interpretation of statutory provisions regarding making and lodgment of development applications under the Environmental Planning and Assessment Act and Regulations']

Ratio Decidendi

A development application is 'made' for the purposes of the savings provisions in the Georges River Local Environmental Plan 2021 and Georges River Development Control Plan 2021 only when there is substantial compliance with the requirements of the EPA Act and EPA Regulation 2000, including lodgment and payment of fees. Therefore, the applicant's DA was not made before commencement of the new instruments, and the GRLEP and GRDCP apply to the DA.

Court Disposition

Questions answered: (a) No; (b) Yes (by agreement); (c) No; GRLEP and GRDCP apply to the DA.

Orders

  • ["The Georges River Local Environmental Plan 2021 and Georges River Development Control Plan 2021 apply to the applicant's development application."]