Janette Marie Green v Kogarah Municipal Council [1998] NSWLEC 142

Janette Marie Green v Kogarah Municipal Council [1998] NSWLEC 142

The applicant had shown good cause for an extension, and it was not legitimate under s 99 to use the extension application to redetermine the original development application on the basis that the council may have made a factual error or that the approved plans contained discrepancies. In the absence of a relevant...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 March 1998
Procedural Posture
Class 1 Proceedings Concerning an Application to Extend a Development Consent / Ex Tempore Judgment on Preliminary Questions and Final Disposition of the Appeal
Outcome
Appeal upheld; development consent extended; no order as to costs.
Legal Topics
['extension of Development Consent' 'good Cause Under S 99(4 C)' 'relevant Planning Considerations' 'refusal by Consent Authority']
['environmental Planning and Assessment' 'development Consent' 'land and Environment'] ['extension of Development Consent' 'good Cause Under S 99(4 C)' 'relevant Planning Considerations' 'refusal by Consent Authority']

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Procedural Posture

Class 1 Proceedings Concerning an Application to Extend a Development Consent / Ex Tempore Judgment on Preliminary Questions and Final Disposition of the Appeal

Legal Issues

  1. 1 ['Whether the applicant had shown good cause within the meaning of section 99(4C).' 'Whether the issues set out in the statement of issues were matters which the consent authority could take into account in exercising its discretion under section 99(4C).']

Ratio Decidendi

The applicant had shown good cause for an extension, and it was not legitimate under s 99 to use the extension application to redetermine the original development application on the basis that the council may have made a factual error or that the approved plans contained discrepancies. In the absence of a relevant change in planning circumstances, the council's issues about whether the development could be built were not relevant to the s 99(4C) discretion and could arise, if at all, at the building application stage or under s 102.

Court Disposition

Appeal upheld; development consent extended; no order as to costs.

Orders

  • ['The development consent granted by Kogarah Municipal Council by notice of determination dated 10 April 1995 is extended for a period of one year from 6 March 1998.' 'No order as to costs.' 'The exhibits may be returned.']