Gunning Sustainable Development Association Inc v Upper Lachlan Council and Another [2005] NSWLEC 182

Gunning Sustainable Development Association Inc v Upper Lachlan Council and Another [2005] NSWLEC 182

The adjournment was granted because the Court should not finally determine the appropriate relief until it has concise evidence of the steps taken by the respondents in reliance on the development consent and until the processing of the purported surrender has been finalised as far as practicable; any detriment from the adjournment was outweighed by the disadvantages of deciding the matter on incomplete evidence.

Jurisdiction
Australia
Judgment Date
29 March 2005
Procedural Posture
Proceedings Challenging a Development Consent / Application for Adjournment Before Determination of Final Relief
Outcome
Adjournment granted.
Legal Topics
['adjournment' 'development Consent' 'surrender of Consent' 'declaration of Invalidity' 'discretionary Relief' 'subdivision Approval and Registration']
['environmental Planning and Assessment'] ['adjournment' 'development Consent' 'surrender of Consent' 'declaration of Invalidity' 'discretionary Relief' 'subdivision Approval and Registration']

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Procedural Posture

Proceedings Challenging a Development Consent / Application for Adjournment Before Determination of Final Relief

Legal Issues

  1. 1 ['Whether the Court should adjourn determination of final relief sought in relation to the subject development consent.' "Whether the second respondent's purported surrender of the development consent was effective under cl 97 of the Environmental Planning and Assessment Regulation 2000." 'Whether the Court should make a declaration of invalidity or instead grant other relief, including restraint on acting on the consent.' 'What steps had been taken by the first and second respondents in reliance on the development consent, including approval and registration of a plan of subdivision.']

Ratio Decidendi

The adjournment was granted because the Court should not finally determine the appropriate relief until it has concise evidence of the steps taken by the respondents in reliance on the development consent and until the processing of the purported surrender has been finalised as far as practicable; any detriment from the adjournment was outweighed by the disadvantages of deciding the matter on incomplete evidence.

Court Disposition

Adjournment granted.

Orders

  • ['Orders (1), (2), (3) and (4) in the short minutes of order initialled by Talbot J were made.' 'The parties were directed to approach the Registrar on 29 March 2005 to obtain a hearing date of one day between 26 April and 4 May 2005.']