Richard & Ors v Shoalhaven City Council [2002] NSWLEC 11

Richard & Ors v Shoalhaven City Council [2002] NSWLEC 11

The court found that the surveying activities—including establishing traverses, marking boundaries, taking levels, placing road marks and pegs, and removal of vegetation—constituted engineering work physically commenced, thereby preventing lapse of development consent as required by s 95 of the Environmental Planning and Assessment Act 1979.

Parties
Applicant: Reginald Benjamin Richard; Applicant: John Laurence Orford; Applicant: Dawn Audrey Orr; Respondent: Shoalhaven City Council
Jurisdiction
Australia
Judgment Date
07 November 2001
Procedural Posture
Application / Judgment
Outcome
Declaration granted; each party pays own costs
Legal Topics
Development Consent, Lapse of Consent, Engineering Works
Planning Law Development Consent Lapse of Consent Engineering Works

Case Brief

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Parties

Reginald Benjamin Richard

Applicant

John Laurence Orford

Applicant

Dawn Audrey Orr

Applicant

Shoalhaven City Council

Respondent

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether development consent for subdivision of land has lapsed under s 95 of the Environmental Planning and Assessment Act 1979

Ratio Decidendi

The court found that the surveying activities—including establishing traverses, marking boundaries, taking levels, placing road marks and pegs, and removal of vegetation—constituted engineering work physically commenced, thereby preventing lapse of development consent as required by s 95 of the Environmental Planning and Assessment Act 1979.

Court Disposition

Declaration granted; each party pays own costs

Orders

  • Declaration made that development consent has not lapsed pursuant to s 95 of the Environmental Planning and Assessment Act 1979
  • Each party to pay their own costs