Donald Crone & Associates Pty Ltd v Council of the City of Bathurst & Ors [1988] NSWLEC 22

Donald Crone & Associates Pty Ltd v Council of the City of Bathurst & Ors [1988] NSWLEC 22

The Court determined that Council validly consented to inclusion of Lot 2 in the application, there was no legal requirement to afford Woolworths a hearing as to owner's consent, and cl.21 Bathurst LEP 1987 operates to exclude the covenant and 1966 agreement for this development. The Court found development consent should be granted subject to detailed conditions, and declined to impose conditions relating to lifting the covenant or compensation to Council, as the covenant cannot apply to this development.

Jurisdiction
Australia
Judgment Date
01 October 1988
Procedural Posture
Application for Development Consent (class 1) and Declarations (class 4) / Judgment
Outcome
Development consent granted, subject to conditions.
Legal Topics
['environmental Planning and Assessment Act' 'local Government Act' 'restrictive Covenants' 'development Consent' 'natural Justice' 'land Use' 'public Place' 'car Parking' 'economic Impact']
['planning and Environment Law'] ['environmental Planning and Assessment Act' 'local Government Act' 'restrictive Covenants' 'development Consent' 'natural Justice' 'land Use' 'public Place' 'car Parking' 'economic Impact']

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Procedural Posture

Application for Development Consent (class 1) and Declarations (class 4) / Judgment

Legal Issues

  1. 1 ['Whether Council validly consented to development application for Lot 2 DP539860' 'Whether natural justice was denied to Woolworths' "Whether covenant and agreement restrict Council's power to consent to development" 'Whether cl.21 of Bathurst LEP 1987 excludes the operation of the covenant' 'Whether development consent should be granted and under what conditions']

Ratio Decidendi

The Court determined that Council validly consented to inclusion of Lot 2 in the application, there was no legal requirement to afford Woolworths a hearing as to owner's consent, and cl.21 Bathurst LEP 1987 operates to exclude the covenant and 1966 agreement for this development. The Court found development consent should be granted subject to detailed conditions, and declined to impose conditions relating to lifting the covenant or compensation to Council, as the covenant cannot apply to this development.

Court Disposition

Development consent granted, subject to conditions.

Orders

  • ['Development application No. 11/88 granted for discount department store, supermarket, specialty shops, basement and rooftop carparks, loading docks, and associated works on named parcels of Bathurst CBD land.' 'Consent subject to 41 detailed conditions including provision of parking, public amenities, building and...