Randwick Municipal Council v Pacific-Seven Pty Limited [1989] NSWLEC 229

Randwick Municipal Council v Pacific-Seven Pty Limited [1989] NSWLEC 229

Condition No. 4, which purported to reserve to the Council a right to later restrict hours of operation, is invalid as being contrary to the statutory scheme of finality under the Environmental Planning and Assessment Act. This condition is not severable from the consent because it is fundamental to the approval, and therefore the entire consent must fail if the condition is invalid.

Parties
Applicant: Randwick Municipal Council; Respondent: Pacific-Seven Pty Ltd
Jurisdiction
Australia
Judgment Date
25 August 1989
Procedural Posture
Application / Preliminary Determination on Validity and Severability of Condition of Development Consent
Outcome
No final orders made. Application stood over for further mention pending submissions from parties. Costs reserved.
Legal Topics
Validity of Planning Conditions, Severability of Invalid Conditions in Development Consents, Finality of Development Consents, Powers of Consent Authorities
Planning and Environment Law Validity of Planning Conditions Severability of Invalid Conditions in Development Consents Finality of Development Consents Powers of Consent Authorities

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Parties

Randwick Municipal Council

Applicant

Pacific-Seven Pty Ltd

Respondent

Procedural Posture

Application / Preliminary Determination on Validity and Severability of Condition of Development Consent

Legal Issues

  1. 1 Whether Condition No. 4 in the development consent is valid under the Environmental Planning and Assessment Act
  2. 2 Whether, if the condition is invalid, it is severable so that the remainder of the consent stands

Ratio Decidendi

Condition No. 4, which purported to reserve to the Council a right to later restrict hours of operation, is invalid as being contrary to the statutory scheme of finality under the Environmental Planning and Assessment Act. This condition is not severable from the consent because it is fundamental to the approval, and therefore the entire consent must fail if the condition is invalid.

Court Disposition

No final orders made. Application stood over for further mention pending submissions from parties. Costs reserved.