Smith v Wyong Shire Council [2007] NSWLEC 637

Smith v Wyong Shire Council [2007] NSWLEC 637

Condition 5 can be deleted since other conditions of consent provide sufficient safeguards for environment and amenity; thus, the specific requirement for a construction certificate in condition 5 is not necessary.

Parties
Applicant: Darcy Peter Smith; Respondent: Wyong Shire Council
Jurisdiction
Australia
Judgment Date
12 September 2007
Procedural Posture
Appeal / Determination of Appeal Against Deemed Refusal of a Modification Application
Outcome
appeal upheld
Legal Topics
Modification of Development Consent, Construction Certificates, Statutory Interpretation Under Environmental Planning and Assessment Act 1979
Planning Law Environmental Law Modification of Development Consent Construction Certificates Statutory Interpretation Under Environmental Planning and Assessment Act 1979

Case Brief

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Parties

Darcy Peter Smith

Applicant

Wyong Shire Council

Respondent

Procedural Posture

Appeal / Determination of Appeal Against Deemed Refusal of a Modification Application

Legal Issues

  1. 1 Whether condition 5 requiring a Construction Certificate prior to works commencement should be deleted from development consent
  2. 2 Whether identified alternative conditions sufficiently safeguard environment and amenity

Ratio Decidendi

Condition 5 can be deleted since other conditions of consent provide sufficient safeguards for environment and amenity; thus, the specific requirement for a construction certificate in condition 5 is not necessary.

Court Disposition

appeal upheld

Orders

  • The appeal is upheld.
  • The application to modify Development Application No 1107/04 is approved by deletion of condition 5.