Norman v Central Coast Council [2022] NSWLEC 120

Norman v Central Coast Council [2022] NSWLEC 120

Section 4.53(6A) of the Environmental Planning and Assessment Act 1979 must be read down to omit reference to ‘or (b)’, so that Council cannot reduce the five year minimum period for satisfying deferred commencement conditions during the prescribed period. Therefore, the Council had no power to impose a 12 month condition and the condition is invalid.

Parties
Applicant: Michael Rex Norman; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
19 September 2022
Procedural Posture
Judicial Review / Principal Judgment; Orders Made
Outcome
Condition imposing 12 month period for satisfaction of deferred commencement conditions is invalid; time for filing extended; costs ordered against Council.
Legal Topics
Statutory Construction, Validity of Development Consent Conditions, Covid 19 Emergency Measures Legislation, Deferred Commencement Consent, Lapsing of Consent
Administrative Law Planning and Environment Law Statutory Construction Validity of Development Consent Conditions Covid 19 Emergency Measures Legislation Deferred Commencement Consent Lapsing of Consent

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Parties

Michael Rex Norman

Applicant

Central Coast Council

Respondent

Procedural Posture

Judicial Review / Principal Judgment; Orders Made

Legal Issues

  1. 1 Whether Council validly imposed a 12 month time limit for satisfying deferred commencement conditions under s 4.53 of Environmental Planning and Assessment Act 1979
  2. 2 Proper construction of s 4.53(6), (6A), and (6B) of Environmental Planning and Assessment Act 1979
  3. 3 Whether s 4.53(6A) permits a consent authority to reduce time period for compliance below five years during prescribed period

Ratio Decidendi

Section 4.53(6A) of the Environmental Planning and Assessment Act 1979 must be read down to omit reference to ‘or (b)’, so that Council cannot reduce the five year minimum period for satisfying deferred commencement conditions during the prescribed period. Therefore, the Council had no power to impose a 12 month condition and the condition is invalid.

Court Disposition

Condition imposing 12 month period for satisfaction of deferred commencement conditions is invalid; time for filing extended; costs ordered against Council.

Orders

  • Time to commence proceedings extended to 16 August 2022 pursuant to r 59.10(2) of the Uniform Civil Procedure Rules 2005.
  • Declaration that the 12 month period for satisfaction of deferred commencement conditions in section A of the consent is invalid.