Develtor Property Group Pty Ltd v Newcastle City Council [2001] NSWLEC 44

Develtor Property Group Pty Ltd v Newcastle City Council [2001] NSWLEC 44

The approval by the Respondent of Building Application No 99/582 between 25 November 1999 and 7 December 1999 is, by operation of clause 45 of the Environmental Planning and Assessment (Savings and Transitional) Regulation 1998, taken to be a development consent under the amended Environmental Planning and Assessment Act 1979.

Jurisdiction
Australia
Judgment Date
18 December 2000
Procedural Posture
Class 4 Proceedings / Judgment After Hearing; Respondent Submitting Appearance Save as to Costs
Outcome
Declarations made in favour of the applicant; costs reserved.
Legal Topics
['building Application Approval' 'development Consent' 'transitional Provisions' 'declarations' 'injunctions']
['planning and Environmental Law'] ['building Application Approval' 'development Consent' 'transitional Provisions' 'declarations' 'injunctions']

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Procedural Posture

Class 4 Proceedings / Judgment After Hearing; Respondent Submitting Appearance Save as to Costs

Legal Issues

  1. 1 ["Whether a building approval granted in 1999 constitutes a 'development consent' under the amended Environmental Planning and Assessment Act 1979 pursuant to transitional provisions."]

Ratio Decidendi

The approval by the Respondent of Building Application No 99/582 between 25 November 1999 and 7 December 1999 is, by operation of clause 45 of the Environmental Planning and Assessment (Savings and Transitional) Regulation 1998, taken to be a development consent under the amended Environmental Planning and Assessment Act 1979.

Court Disposition

Declarations made in favour of the applicant; costs reserved.

Orders

  • ['A declaration that the approval by the Respondent between 25 November 1999 and 7 December 1999 of building application No 99/582 is taken to be a development consent granted under the amended Environmental Planning and Assessment Act 1979 in accordance with cl 45 of the Environmental Planning and Assessment...