Kindimindi Investments Pty Limited v Lane Cove Council & Anor [2006] NSWLEC 399

Kindimindi Investments Pty Limited v Lane Cove Council & Anor [2006] NSWLEC 399

Division 3 of Part 3 of the Land and Environment Court Act 1979 applies to the present case, including errors in the substance of development determination. The court can suspend the consent and specify conditions for its validation under s 25B, given the discrete and technical nature of the council's error.

Parties
Applicant: Kindimindi Investments Pty Limited; First Respondent: Lane Cove Council; Second Respondent: Fabcot Pty Limited
Jurisdiction
Australia
Judgment Date
09 May 2006
Procedural Posture
Development Application Challenge / Post Appeal Consideration/remittal
Outcome
Development consent suspended; terms specified for re-grant and validation.
Legal Topics
Development Consent, Statutory Interpretation, Validity of Planning Approvals
Administrative Law Planning Law Development Consent Statutory Interpretation Validity of Planning Approvals

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Parties

Kindimindi Investments Pty Limited

Applicant

Lane Cove Council

First Respondent

Fabcot Pty Limited

Second Respondent

Procedural Posture

Development Application Challenge / Post Appeal Consideration/remittal

Legal Issues

  1. 1 Does Division 3 of Part 3 of the Land and Environment Court Act 1979 (ss 25A-25E) apply to the invalidity in this case?
  2. 2 Should the court exercise discretion to suspend and specify terms for the validity of development consent under s 25B?

Ratio Decidendi

Division 3 of Part 3 of the Land and Environment Court Act 1979 applies to the present case, including errors in the substance of development determination. The court can suspend the consent and specify conditions for its validation under s 25B, given the discrete and technical nature of the council's error.

Court Disposition

Development consent suspended; terms specified for re-grant and validation.

Orders

  • Whole of development consent D246/04 dated 22 December 2004 suspended until further order under s 25C.
  • Orders 3-5 specify terms for re-grant of consent with alterations.