Young & Anor v Warringah Shire Council [2001] NSWLEC 208

Young & Anor v Warringah Shire Council [2001] NSWLEC 208

Works done before fulfillment of statutory preconditions and without required construction certificate are unauthorized and cannot be relied upon as commencement to prevent lapse of development consent under s 95(4) of the EP&A Act.

Parties
Applicant: Gabriella Young and Rosetta Vescio; Respondent: Warringah Shire Council
Jurisdiction
Australia
Judgment Date
07 September 2001
Procedural Posture
Class Four Application / Final Judgment
Outcome
Application dismissed
Legal Topics
Development Consent, Lapsing of Development Consent, Physical Commencement of Work, Statutory Interpretation
Planning and Environment Law Development Consent Lapsing of Development Consent Physical Commencement of Work Statutory Interpretation

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Parties

Gabriella Young and Rosetta Vescio

Applicant

Warringah Shire Council

Respondent

Procedural Posture

Class Four Application / Final Judgment

Legal Issues

  1. 1 Whether development consent had lapsed under s 95(4) of the Environmental Planning and Assessment Act 1979
  2. 2 Whether physical commencement of 'work' occurred within the meaning of s 95(4) of the Act
  3. 3 Whether work carried out was lawful and authorized by development consent

Ratio Decidendi

Works done before fulfillment of statutory preconditions and without required construction certificate are unauthorized and cannot be relied upon as commencement to prevent lapse of development consent under s 95(4) of the EP&A Act.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.
  • Exhibits be returned.