Lifese v Auburn Council [2005] NSWLEC 379

Lifese v Auburn Council [2005] NSWLEC 379

The Court accepted that the modification sought only affected the timing of works required under DA471/99, not the time for compliance with DA201/03. As work had commenced on some outstanding requirements and there was no practical reason to refuse the extension, condition 4 of DA201/03 was modified as sought.

Jurisdiction
Australia
Judgment Date
05 July 2005
Procedural Posture
Modification of Development Consent / Hearing of Modification Application; Appeal Upheld
Outcome
Appeal upheld; condition 4 of DA201/03 modified.
Legal Topics
['development Consent Modification' 'conditions of Consent' 'extension of Time to Complete Works' 'compliance With Development Consent Conditions']
['planning and Environment Law'] ['development Consent Modification' 'conditions of Consent' 'extension of Time to Complete Works' 'compliance With Development Consent Conditions']

Case Brief

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Procedural Posture

Modification of Development Consent / Hearing of Modification Application; Appeal Upheld

Legal Issues

  1. 1 ['Whether condition 4 of DA201/03 should be modified by substituting a 22 month period for the existing 12 month period for completion of works required by DA471/99.' 'Whether alleged non-compliances with DA201/03 and reports called up by DA201/03 were relevant to the modification application.']

Ratio Decidendi

The Court accepted that the modification sought only affected the timing of works required under DA471/99, not the time for compliance with DA201/03. As work had commenced on some outstanding requirements and there was no practical reason to refuse the extension, condition 4 of DA201/03 was modified as sought.

Court Disposition

Appeal upheld; condition 4 of DA201/03 modified.

Orders

  • ['The appeal is upheld' 'Condition 4 of Development Application 201/03 is deleted and replaced by: 4. The approved use shall be limited for a period of 22 months and the use shall immediately cease after the expiration of 22 months of this consent unless the approved works under DA 471/99 dated 2nd December, 1999...