PAG Services Pty Ltd v Byron Shire Council [2003] NSWLEC 100

PAG Services Pty Ltd v Byron Shire Council [2003] NSWLEC 100

The question whether prior adequate arrangements had been made under cl 45 could not be determined by putting aside adequacy or sewerage capacity. The words "prior adequate arrangements have been made" could not be separated in the manner proposed by the Applicant, and the issue was a mixed question of fact and law requiring evidence of capacity. The Court therefore declined to answer the question of law and dismissed the Applicant's notice of motion.

Jurisdiction
Australia
Judgment Date
24 March 2003
Procedural Posture
Question of Law Concerning Development Consent Under Byron Local Environmental Plan 1988 Cl 45 / Applicant's Notice of Motion Raising a Question of Law
Outcome
The Court declined to answer the question of law and dismissed the Applicant's notice of motion.
Legal Topics
['development Consent' 'sewerage Services' 'prior Adequate Arrangements' 'statutory Construction' 'mixed Question of Fact and Law']
['planning and Environment Law'] ['development Consent' 'sewerage Services' 'prior Adequate Arrangements' 'statutory Construction' 'mixed Question of Fact and Law']

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Procedural Posture

Question of Law Concerning Development Consent Under Byron Local Environmental Plan 1988 Cl 45 / Applicant's Notice of Motion Raising a Question of Law

Legal Issues

  1. 1 ['Whether, for the purposes of cl 45 of the Byron Local Environmental Plan 1988, there was an agreement or arrangement between the Applicant and the Respondent for the supply of sewerage services by reason of the Council resolution of 24 April 2001.' 'Whether the Court could determine that question without considering the capacity, spare or otherwise, of the sewerage treatment works.' 'Whether the issue of prior adequate arrangements under cl 45 could be separated from adequacy or capacity.']

Ratio Decidendi

The question whether prior adequate arrangements had been made under cl 45 could not be determined by putting aside adequacy or sewerage capacity. The words "prior adequate arrangements have been made" could not be separated in the manner proposed by the Applicant, and the issue was a mixed question of fact and law requiring evidence of capacity. The Court therefore declined to answer the question of law and dismissed the Applicant's notice of motion.

Court Disposition

The Court declined to answer the question of law and dismissed the Applicant's notice of motion.

Orders

  • ["The Applicant's notice of motion is to be dismissed."]