Jefferson M Robinson Associates Pty Ltd v Sutherland Shire Council [2006] NSWLEC 461

Jefferson M Robinson Associates Pty Ltd v Sutherland Shire Council [2006] NSWLEC 461

The Court was satisfied, on the tendered certifications, updated plans, security deposit receipt, Community Plan and Council verification, that the deferred commencement requirements had been complied with and that the proposed s 96 amendments did not alter the intention of the original deferred commencement consent but merely reflected that compliance. The Court therefore made the parties' consent orders modifying the development consent.

Jurisdiction
Australia
Judgment Date
25 July 2006
Procedural Posture
Development Application S 96 Modification Application / Consent Orders Modifying Deferred Commencement Development Consent
Outcome
Development consent No 03/1040 was modified by consent in accordance with Annexure A to the orders; the Court noted the parties' agreement of no order as to costs.
Legal Topics
['s 96 Modification Application' 'deferred Commencement Conditions' 'bio Retention Swale Engineering' 'vegetation Management Plan' 'foreshore Rehabilitation' 'landscape Plans' 'acoustic Performance of Buildings' 'community Title Documents' 'bca Compliance']
['planning and Environment' 'development Consent'] ['s 96 Modification Application' 'deferred Commencement Conditions' 'bio Retention Swale Engineering' 'vegetation Management Plan' 'foreshore Rehabilitation' 'landscape Plans' 'acoustic Performance of Buildings' 'community Title Documents' 'bca Compliance']

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Procedural Posture

Development Application S 96 Modification Application / Consent Orders Modifying Deferred Commencement Development Consent

Legal Issues

  1. 1 ['Whether Deferred Commencement Conditions Section A Nos 1 and 3 of Development Consent No 03/1040 were satisfied.' 'Whether Deferred Commencement Condition Section A No 2 should be deleted.' 'Whether Development Consent No 03/1040 should be activated with no further requirements under Section 80(3) of the Environmental Planning and Assessment Act 1979.' 'Whether Section B Condition 1, Condition 54 and an additional Condition 55 should be modified or imposed as proposed by the parties.']

Ratio Decidendi

The Court was satisfied, on the tendered certifications, updated plans, security deposit receipt, Community Plan and Council verification, that the deferred commencement requirements had been complied with and that the proposed s 96 amendments did not alter the intention of the original deferred commencement consent but merely reflected that compliance. The Court therefore made the parties' consent orders modifying the development consent.

Court Disposition

Development consent No 03/1040 was modified by consent in accordance with Annexure A to the orders; the Court noted the parties' agreement of no order as to costs.

Orders

  • ['That development consent No 03/1040 as granted by the Court in the court orders in these proceedings dated 19th March 2004 be modified in accordance with the conditions as attached in Annexure "A" to these orders.' 'The exhibits are returned to the parties except Exhibits 1, 2, 3 and A, C, D, E, F.']