Drummoyne Municipal Council v Lebnan [1974] HCA 34

Drummoyne Municipal Council v Lebnan [1974] HCA 34

Where both a development consent and building approval are required, a building application containing the necessary particulars is deemed under cl. 31(3) to be an application for both, and the grant of approval (if unqualified) is both a development consent and building approval; such approval/consent takes effect when all terms and conditions are communicated, and does not lapse unless no substantial part of the work is commenced within twelve months from that date. In this case, communication occurred by 2 November 1971 and substantial commencement was established within twelve months, so the approvals had not lapsed.

Jurisdiction
Australia
Procedural Posture
Appeal / Final Judgment of High Court
Outcome
appeal dismissed
Legal Topics
['development Consent' 'building Approval' 'lapse of Approval' 'statutory Interpretation']
['administrative Law' 'local Government Law' 'planning and Development Law'] ['development Consent' 'building Approval' 'lapse of Approval' 'statutory Interpretation']

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 / Final Judgment of High Court

Legal Issues

  1. 1 ['Whether the grant of building approval by council amounted in law to the grant of a development consent under the relevant planning ordinance' "When a development consent or building approval is deemed to have lapsed for want of commencement of works within twelve months—how 'date of approval' is determined" "What constitutes 'substantial commencement' of works for purpose of preserving approval"]

Ratio Decidendi

Where both a development consent and building approval are required, a building application containing the necessary particulars is deemed under cl. 31(3) to be an application for both, and the grant of approval (if unqualified) is both a development consent and building approval; such approval/consent takes effect when all terms and conditions are communicated, and does not lapse unless no substantial part of the work is commenced within twelve months from that date. In this case, communication occurred by 2 November 1971 and substantial commencement was established within twelve months, so the approvals had not lapsed.

Court Disposition

appeal dismissed

Orders

  • ['Appeal dismissed with costs.']